Opinion
Criminal Action No. 05-cr-00368-MSK Criminal Action No. 11-cr-00280-MSK Criminal Action No. 11-cr-00310-MSK
04-09-2012
Counsel : David Conner Scott Poland
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Probation Officer: Gary Kruck
Counsel:
David Conner
Scott Poland
SENTENCING MINUTES
9:09 a.m. Court in session.
Defendant present in custody.
Change of Plea Hearing on November 29, 2011. Defendant pled guilty to Count 3 of the Indictment.
Parties received and reviewed the presentence report and all addenda.
The defendant does 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 (Doc. #52, 53). 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). (Doc. #54) Argument.
10:02 a.m. Court in recess
11:22 a.m. Court in session
Allocution. - Statements made by: The Government, the defendant, defense counsel
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.
ORDER: Defendant's Motions for Departure (Doc. #52, 53) are DENIED.
Defendant's Motion for Non-Guideline Sentence (Doc. #54) is GRANTED in part and DENIED in part.
ORDER: 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.
12:09 p.m. Court in recess.
Total Time: 1 hour 40 minutes.
Hearing concluded.