Opinion
Criminal Action No. 12-cr-00317-MSK
03-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. NATHAN PAUL HAILPERN, Defendant.
Counsel: Jeremy S. Sibert Mark C. Johnson
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputies: Patricia Glover (a.m.)
Robert R. Keech (p.m.)
Court Reporters: Terri Lindblom (a.m.)
Tammy Hoffschildt (p.m.)
Probation Officer: Justine Kozak
Counsel:
Jeremy S. Sibert
Mark C. Johnson
SENTENCING MINUTES
9:16 a.m. Court in session.
Defendant present in custody.
Change of Plea Hearing on November 28, 2012. Defendant pled guilty to Count 4 of the Indictment.
Parties received and reviewed the presentence report and all addenda. ORDER: This hearing is continued until 3:00 p.m. this afternoon for the reasons stated on the record.
9:22 a.m. Court in recess
3:20 p.m. Court in session
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 defendant does request departure (ECF Doc. No. 52). Argument. The defendant 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). (ECF Doc. No. 53). No further argument. Allocution. - Statement made by the defendant. 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 made by counsel. ORDER: Defendant's Motion for Downward Departure Based Upon Role in the Offense (ECF Doc. No. 52) is DENIED. ORDER: Defendant's Motion for a Variant Sentence Pursuant to Section 3553(a) (ECF Doc. No. 53) is GRANTED IN PART and DENIED IN PART.
THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
The defendant is advised of his right to appeal. ORDER: Defendant is remanded to the custody of the United States Marshal for the District of Colorado.
4:03 p.m. Court in recess.
Total Time: 49 minutes.
Hearing concluded.