Opinion
Criminal Case No.: 12-MJ-00136-DLW
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. 1. JEFFREY BRONDUM, Defendant.
Counsel: Michael Goldman
Magistrate Judge David L. West
Secretarial Assistant: Shirley W. Dills
FTR
Probation/Pretrial: Erika Hitti
Interpreter:
[ ] James Candelaria, AUSA
[ ] Todd Norvell, AUSA
[x ] Dondi Osborne, AUSA - NOT PRESENT
Counsel: Michael Goldman
COURTROOM MINUTES - DEFENDANT'S MOTION TO CORRECT
(RECONSIDER) SENTENCE UNDER 28 U.S.C. 2255 [DOC. #30]
Court in Session: 8:04 a.m.
Court calls case and appearances entered. AUSA not present. Defendant in custody and presence waived. Court has reviewed the Defendant's Motion and the Government's Response and the statute under 28 U.S.C. 2255. Court finds that the only way 28 U.S.C. 2255 would apply is if the sentence was in violation of the Constitution, the laws of the United States or if the sentence was in excess of the maximum authorized by law. The statute makes no provision for the Court to reduce or reconsider the sentence even if the Court deems it appropriate. Colorado Rules of Criminal Procedure 35 does have a provision whereby the Court can correct an illegal sentence or reconsider or reduce a sentence. Therefore, the Court is obligated to follow the law in this matter, no matter what it personally believes and it is therefore:
ORDERED:
• Defendant's Motion to Correct (Reconsider) Sentence Under 28 U.S.C. 2255 [Doc. #30] is DENIED, andHearing Concluded
• The Defendant's request for a clerical correction to the Second Amended Judgment [Doc. #29] under "Statement of Reasons" Section I.B.1 at Page 7 is GRANTED and the Judgment should be amended to indicate a Total Offense Level of "8", not "10".
Court in Recess: 8:13 a.m.
Time: 7 -Minutes