Opinion
Criminal Action No. 08-cr-00365-MSK
11-26-2012
UNITED STATES OF AMERICA Plaintiff, v. JASON ALAN CAIN, Defendant.
Pegeen Rhyne Scott Varholak
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Terri Lindblom
Probation Officer: Gary Kruck
Counsel:
Pegeen Rhyne
Scott Varholak
SENTENCING MINUTES
1:38 p.m. Court in session.
This hearing is continued from October 1, 2012
Defendant present on bond.
The previous hearing proceeding through the argument for a variance sentence at which time it was continued.
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. #1456). Argument.
The Government does 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). (Doc. #1457) Argument.
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: The Government's Motion for Downward Departure (Doc. #1456) is GRANTED.
ORDER: The Government's Motion for Non-Guideline Sentence (Doc. #1457) is GRANTED.
THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
The defendant is advised of his right to appeal.
ORDER: Bond is exonerated.
2:33 p.m. Court in recess.
Total Time: 55 minutes.
Hearing concluded.