Opinion
Criminal Case No. 06-PO-00129-DLW.
October 23, 2007
ORDER
On October 18, 2007, the Defendant filed a Motion for Allowance of Credit Towards Sentence for the 21 days Defendant spent as an inpatient in an alcohol treatment program. The Defendant's Motion is DENIED for the following reasons:
1. On March 8, 2007, Defendant was sentenced to serve 60 days in jail.
2. The Court recommended that the Defendant be allowed to serve his sentence concurrent with the sentence to be imposed in Lake County, Colorado, Case No. 06-CR-67 starting April 26, 2007.
3. John Griffin, from the Federal Probation Office, informed the Court that Defendant's Lake County sentencing was continued to May 25, 2007, July 20, 2007 and September 13, 2007 so that the Defendant could complete an inpatient program.
4. The Federal Bureau of Prisons set a self-surrender date of August 28, 2007 which the Defendant failed to appear for.
5. The Defendant has 5 prior drinking and driving convictions, and received another such charge while this case was pending.
6. The Court believes that in the interest of justice the Defendant should be required to serve the entire sentence without an allowance for time spent in a treatment program.