Opinion
Criminal Action No. 10-cr-00499-MSK-1
09-16-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. SETH SHEWMAKER, Defendant.
David Conner Thomas Byrnes
HONORABLE
Courtroom Deputy: LaDonne Bush
Court Reporter: Paul Zuckerman
Probation: Kurt Thoene
Counsel:
David Conner
Thomas Byrnes
COURTROOM MINUTES - SENTENCING
1:47 p.m. Court in session.
Defendant present in custody.
Change of Plea Hearing on February 11, 2011. Defendant pled guilty to Count Three of
the Indictment.
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 in the presentence report.
Government requests a downward departure.
Parties do not request a variance.
Allocution. Statements made by Mr. Byrnes, the defendant and Mr. Conner.
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.
ORDER: Motion for Downward Departure (Doc. 30) is granted.
ORDER: THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
ORDER: Government may deposit with the Registry of the Court the amount recovered in this matter.
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.
2:40 p.m. Court in recess.
Total Time: 00:53
Hearing concluded.