Opinion
Criminal Action No. 11-cr-00158-MSK
03-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH JAMES BURKE, Defendant.
Counsel : Michele Korver Philip Cherner
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Terri Lindblom
Probation Officer: Ryan Henry
Counsel:
Michele Korver
Philip Cherner
SENTENCING MINUTES
11:06 a.m. Court in session.
Defendant present on bond.
Change of Plea Hearing on October 11, 2012. Defendant pled guilty to Count 1 of the Information.
ORDER: Motion (Doc. #483) and the companion documents (Doc. #484 and #485) is DENIED as to this defendant. Parties received and reviewed the presentence report and all addenda. The parties do not dispute the facts contained in the presentence report. The parties do not dispute the calculation of the sentence under the Federal Sentencing Guidelines as set forth in the original presentence report. The Government does request departure (Doc. #491). Argument. The parties do/do not contend that the sentence should be different from that calculated under the Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section 3553(a). Allocution. - Statements made by: The Government, the defendant, defense counsel After consideration of the provisions of 18 U.S.C. 3553 (a), the Court announces the sentence it intends to impose as reflected in the record. Counsel are offered the opportunity for further argument. No further argument. ORDER: Government's Motion for Downward Departure (Doc. #491) is GRANTED.
ORDER: THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
The sentence is for time served.
The defendant is advised of his right to appeal.
11:43 a.m. Court in recess.
Total Time: 37 minutes.
Hearing concluded.