Opinion
Criminal Action No. 10-cr-00493-MSK
08-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY DOYLE YOUNG, Defendant.
Gregory Holloway Arthur Nieto
HONORABLE MARCIA S. KRIEGER
Court Reporter: Paul Zuckerman
Probation Officer: Justine Kozak
Counsel:
Gregory Holloway
Arthur Nieto
SENTENCING MINUTES
9:14 a.m. Court in session.
Defendant present in custody.
Defendant found guilty of Count 1 of the Indictment by jury on January 20, 2011
ORDER: Defendant's Motion for Order (Doc. #123); Defendant's Motion for Writ of Habeas Corpus (Doc. #124) and Defendant's Motion to Strike (Doc. #137) are all DENIED.
The Court addresses Document #132.
ORDER: Defendant's filing at Document #132 is UNSEALED.
Parties received and reviewed the presentence report and all addenda.
9:22 a.m. Court in recess
9:33 a.m. Court in session
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.
The parties do not request departure.
The Government 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. #130). Argument.
Allocution. - Statements made by: The defendant.
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: The Government's Motion for Non-Guideline Sentence (Doc. #130) is GRANTED.
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.
10:05 a.m. Court in recess.
Total Time: 47 minutes.
Hearing concluded.