Opinion
Criminal Action No. 09-cr-00526-MSK-2
02-21-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2. JAMES LOVE, Defendant.
Suneeta Hazra Harvey Steinberg
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Nel Steffens
Court Reporter: Paul Zuckerman
Probation Officer: Gary Kruck
Counsel:
Suneeta Hazra
Harvey Steinberg
SENTENCING MINUTES
2:32 p.m. Court in session.
Defendant present on bond.
Appearances of counsel. Also seated at government's table is FBI Special Agent, Scott Schons.
Change of Plea Hearing on May 20, 2011. Defendant pled guilty to Count 1 of the Indictment.
Court's opening remarks.
Parties received and reviewed the presentence report and all addenda.
The parties do dispute the facts contained in the presentence report. The presentence report will be deemed amended to reflect that an oral motion made and granted at the time of the Change of Plea Hearing to dismiss remaining counts was stayed until the time of sentencing.
The defendant does dispute the calculation of loss as set forth in the original presentence report.
2:37 p.m. Argument by Mr. Steinberg regarding defendant's objection to the amount of loss and defendant's role.
2:39 p.m. Response by Ms. Hazra.
2:43 p.m. Government's witness, Scott Schons, called and sworn.
Direct examination by Ms. Hazra.
Exhibits Identified: Government's Exhibit 1, Government's Exhibit 4, Government's Exhibit 3, Government's Exhibit 7, Government's Exhibit 5, Government's Exhibit 6,
3:09 p.m. Cross examination by Mr. Steinberg.
3:40 p.m. Re-direct examination by Ms. Hazra.
3:44 p.m. Witness is excused.
Government rests.
3:45 p.m. Court in recess.
3:57 p.m. Court in session.
Mr. Steinberg states that he will call no witnesses. Defense rests. The parties do not request departure.
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).
3:58 p.m. Argument by Mr. Steinberg.
Colloquy between the Court and Mr. Steinberg.
4:06 p.m. Response by Ms. Hazra.
4:08 p.m. Reply by Mr. Steinberg.
Allocution. - Statements made by: The defendant (through Mr. Steinberg's reading of defendant's prepared statement) and Ms. Hazra
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. Argument made by Mr. Steinberg. Court requires no response from the government.
Court's findings and conclusions.
THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
ORDER: The Motion for Variance [#203] filed November 21, 2011, is GRANTED IN
PART AND DENIED IN PART as set forth in the sentence.
ORDER: Defendant shall surrender to the facility designated by the United States Bureau of Prisons before noon on the day of designation as determined by the Bureau of Prisons.
ORDER: Bond will be exonerated at the time of defendant's voluntary surrender at the institution designated by the Bureau of Prisons.
The defendant is advised of his right to appeal.
5:10 p.m. Court in recess.
Total Time: 02:26
Hearing concluded.