Opinion
Criminal Action No. 10-cr-00580-MSK
11-07-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRENDA L. STEWART, Defendant.
Counsel : Matthew Kirsch Joseph Saint-Veltri
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Probation Officer: Susan Heckman
Counsel:
Matthew Kirsch
Joseph Saint-Veltri
SENTENCING MINUTES
9:17 a. m. Court in session.
Defendant present on bond. The Court addresses MotionS (Doc. #52 and #51) ORDER: Motions at Doc. #52 is DENIED; Doc. #51 is GRANTED.
Change of Plea Hearing on July 6, 2011. Defendant pled guilty to Count 1 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 defendant does dispute the calculation of the sentence under the Federal Sentencing Guidelines as set forth in the original presentence report. Argument.
Witness sworn for the Government : Theodore Sievert :
9:35 a.m. Direct Examination by Mr. Kirsch.
EXHIBITS: Received: 4 Cross examination of witness by Mr. Saint-Veltri. Re-direct examination of witness by Mr. Kirsch. EXHIBITS: Received: 5 Witness sworn for the Government : Chad Eichelberger :
10:30 a.m. Direct Examination by Mr. Kirsch.
Cross examination of witness by Mr. Saint-Veltri. No re-direct examination of witness. 10:49 a.m. Court in recess
11:07 a.m. Court in session
No further witnesses for this issue. 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). (Doc. #57) Argument. Allocution. - Statements made by: The Government, the defendant, defense counsel. 11:51 a.m. Court in recess
1:06 p.m. Court in session
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. Further argument. ORDER: Defendant's Motion for Non-Guideline Sentence (Doc. #57) is DENIED, but a variant sentence is imposed as set forth in the record.
ORDER: THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.
The defendant is advised of her right to appeal. ORDER: Bond is exonerated.
1:53 p.m. Court in recess.
Total Time: 3 hours 3 minutes.
Hearing concluded.