Opinion
Criminal Action No.: 09-cr-00301-JLK
12-15-2011
Counsel: Richard A. Hosley Hayley E. Reynolds Paula M. Ray
SENIOR JUDGE JOHN L. KANE
Courtroom Deputy: Bernique Abiakam
Court Reporter: Tamara Hoffschildt
Probation Officer: Veronica Ramirez
Counsel:
Richard A. Hosley
Hayley E. Reynolds
Paula M. Ray
SENTENCING MINUTES
(Simultaneously heard with Criminal Action No.: 09-cr-00261-JLK)
10:06 a.m. Court in session.
Court calls case. Counsel present. Defendant present in custody.
Parties received and reviewed the presentence report.
Rulings by the Court regarding objections.
ORDERED: Motion For Variance Pursuant To 18 U.S.C.§3553(a) [Filed 11/30/11; Doc. No. 1164] is DENIED.
The Government, defense counsel, and defendant were given an opportunity to make statements before sentencing.
Defendant states he does not wish to make a statement.
Comments and rulings by the Court.
THE DEFENDANT IS SENTENCED AS FOLLOWS:
IMPRISONMENT:
Defendant is sentenced as to Counts One and Three to a term of imprisonment of 60 months and as to Count Two to a term of imprisonment of 420 months to be served concurrently, but consecutively to the sentence imposed in Criminal Case No.: 09-cr-00301-JLK.
SUPERVISED RELEASE:
Conditions will be set near the time of his release from custody.
FINE:
No fine is imposed because the defendant has no ability to pay a fine.
SPECIAL ASSESSMENT FEE:
Defendant shall pay a Special Assessment Fee of $100.00 for each count of conviction, for a total amount of $300.00 due immediately.
RESTITUTION:
Defendant is jointly and severely liable with each of the other seven co-conspirators, for restitution in the amount of $19,023.55.
Interest is waived.
Defendant is advised of the right to appeal.
ORDERED: Defendant is remanded to the custody of the United States Marshal for the District of Colorado.
10:56 a.m. Court in recess.
Hearing concluded.
Total in-court time: 25 minutes (divided time)