Opinion
CASE NO. 11-CR-00447-PAB
11-30-2012
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT PHILLIP COX, Defendant.
Kenneth Harmon Richard Zoeter Special Agent Peter Hunkar Special Agent Charles Chisolm Edward Harris
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Probation Officer: Michelle Means
Time: one hour and 25 minutes
Interpreter: n/a
Parties
Counsel
Kenneth Harmon
Richard Zoeter
Special Agent Peter Hunkar
Special Agent Charles Chisolm
Edward Harris
SENTENCING
9:15 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL. Defendant is present and on bond . ORDERED: The statement of facts in the Plea Agreement and the Presentence Report are not disputed by the parties and are adopted in the Court's factual findings in this case. The report is incorporated by reference as part of the Court's findings and conclusions. Mr. Harris moves to strike the Government's Sentencing Statement and argues in support. Argument by Mr. Harmon. Court states its findings. ORDERED: Defendant's Oral Motion to Strike the Government's Sentencing Statement is DENIED. Argument by Mr. Harris in support of Defendant's Motion for Non-Guideline Sentence (Downward Variance) and comments addressing sentencing. Argument by Mr. Harmon and comments addressing sentencing. Defendant addresses the Court. Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Court states its findings and conclusions. ORDERED: Defendant's Motion for Non-Guideline Sentence (Downward Variance) (Doc #26) is GRANTED. Defendant entered his plea on June 12, 2012 to count 3 of the Indictment. ORDERED: Defendant's plea of guilty is ACCEPTED. ORDERED: Court ACCEPTS the Plea Agreement. Court considers statutory factors of 18 USC § 3553(a) in arriving at sentence. ORDERED: Defendant shall be imprisoned for time served. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years. ORDERED: Conditions of Supervised Release that:
(X) While on supervised release, the defendant shall not commit another federal, state, or local crime, shall not possess a firearm as defined in 18 U.S.C. § 921, and shall comply with the standard conditions that have been adopted by this Court.ORDERED: Special Condition of Supervised Release that:
(X) Defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the probation officer.
(X) Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because the presentence investigation report indicates a low risk of future substance abuse by the defendant.
(X) Defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless the defendant is in compliance with the periodic payment obligations imposed pursuant to the Court's judgment and sentence. (X) Any employment for the defendant shall be approved in advance by the supervising probation officer.ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment), to be paid immediately. ORDERED: No fine is imposed because defendant has no ability to pay a fine. ORDERED: Defendant shall make restitution as follows:
+--------------------------------------------+ ¦Name/Address of Victim ¦Amount ¦ +--------------------------------+-----------¦ ¦Centennial Bank ¦ ¦ ¦ ¦ ¦ ¦13700 East Arapahoe Road ¦$527,066.84¦ ¦ ¦ ¦ ¦Centennial, CO 80112 ¦ ¦ +--------------------------------+-----------¦ ¦Travelers Insurance ¦ ¦ ¦ ¦ ¦ ¦Flood & Peterson Insurance, Inc.¦ ¦ ¦ ¦ ¦ ¦Claim No. 037-FC-V0N1002001-RG ¦ ¦ ¦ ¦$150,433.68¦ ¦Bond No. 0483BD0022 ¦ ¦ ¦ ¦ ¦ ¦P.O. Box 578 ¦ ¦ ¦ ¦ ¦ ¦Greeley, CO 80632 ¦ ¦ +--------------------------------+-----------¦ ¦Citywide Bank ¦ ¦ ¦ ¦ ¦ ¦10660 East Colfax Avenue ¦$573,128.77¦ ¦ ¦ ¦ ¦Aurora, CO 80010 ¦ ¦ +--------------------------------+-----------¦ ¦Compass Bank ¦ ¦ ¦ ¦ ¦ ¦15 South 20th Street ¦$176,380.69¦ ¦ ¦ ¦ ¦Birmingham, AL 35233 ¦ ¦ +--------------------------------------------+
+-----------------------------------------------------------------------------+ ¦Zurich North America Surety and Financial Claims 334 East Lake ¦ ¦ ¦Road, #136 ¦ ¦ ¦ ¦$206,765.30¦ ¦Palm Harbor, FL 34685 ¦ ¦ ¦ ¦ ¦ ¦Claim No. 638 0031253 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Kirkpatrick Bank 15 E 15th St ¦ ¦ ¦ ¦$29,774.51 ¦ ¦Edmond, OK 73013 ¦ ¦ +-----------------------------------------------------------------+-----------¦ ¦Vectra Bank Colorado NA Regional Security Officer 7800 E. Dorado ¦$312,281.20¦ ¦Place, Suite 100 Greenwood Village, CO 80111 ¦ ¦ +-----------------------------------------------------------------------------+ ORDERED: Each victim receive an approximately proportional payment based on the victim's share of the total loss. ORDERED: Payments made by the defendant toward the judgment agreed upon by the defendant and BOHICA creditors as part of filings in United States Bankruptcy Court, District of Colorado, Case No. 03-21350ABC, shall be credited toward his restitution obligation. ORDERED: Court finds that the defendant does not have the ability to pay interest and that the Court waive the interest requirement for the restitution. ORDERED: The defendant shall meet with the probation officer to develop a plan for the payment of restitution. This plan will be based upon the defendant's income and expenses. The plan will be forwarded to the Court for review and approval. ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 14 days. ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of Prisons and the U.S. Sentencing Commission. ORDERED: Bond is exonerated.
10:40 a.m. COURT IN RECESS