Free Supervised Release - Final Revocation Hrg - District Court of Colorado - Colorado

Case 1:01-cr-00198-WYD

Document 53

Filed 04/27/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: April 27, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob./Pret.: Interpreter: Michael Wilson N/A

___________________________________________________________________________ Criminal Case No. 01-cr-00198-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. DAVID W. LEYDEN, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ SUPERVISED RELEASE VIOLATION HEARING 2:14 p.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court' opening remarks. s 2:15 p.m. 2:17 p.m. 2:17 p.m. 2:22 p.m. Statement on behalf of Defendant admitting to violations 1 through 7 (Mr. Golla). Statement on behalf of Government (Ms. Kaufman). Statement on behalf of Defendant (Mr. Golla). Statement on behalf of Government (Ms. Kaufman). Matthew C. Golla Counsel: Linda S. Kaufman

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Case 1:01-cr-00198-WYD

Document 53

Filed 04/27/2007

Page 2 of 3

Judge Wiley Y. Daniel 01-cr-00198-WYD - Courtroom Minutes 2:27 p.m. Statement by Defendant on his own behalf (Mr. Leyden). Court makes findings and finds that defendant has violated conditions of supervised release. ORDERED: ORDERED: Supervised release is REVOKED. Defendant be imprisoned for 9 months.

Court RECOMMENDS that the Bureau of Prisons credit defendant for 115 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 27 months. Conditions of Supervised Release are: Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released. Defendant shall not commit another federal, state or local crime. Defendant shall not illegally possess controlled substances. Defendant shall not possess a firearm or destructive device. Defendant shall comply with standard conditions adopted by the Court. The Court will waive the mandatory drug testing provisions of 18 U.S.C. § 3583(d) for supervised releases cases as the offense is not drug related, and there is no current or past history of substance abuse.

ORDERED: (X)

(X) (X) (X) (X) (X)

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Case 1:01-cr-00198-WYD

Document 53

Filed 04/27/2007

Page 3 of 3

Judge Wiley Y. Daniel 01-cr-00198-WYD - Courtroom Minutes ORDERED: Defendant to make restitution as follows: The defendant shall pay $1,304,100.52 in restitution to the victims named in the original judgment order. Restitution is due and payable during the term of incarceration and any unpaid balance shall be paid in equal monthly installments of at least $500 during the term of supervised release. Restitution payments shall be made payable to the clerk of the court. Each victim shall receive an approximately proportional payment based on the victim's share of the total loss. Disbursement of restitution shall be made when the registry totals at least $5,000. Special Condition(s) of Supervised Release are: The defendant shall apply for or incur new credit charges, or apply for or open additional lines of credit without the advance approval of the probation officer. The defendant shall not apply to or be employed in the printing industry and shall not employed in any fiduciary position. The defendant shall not apply for any employment without roughly in advance by the probation officer. The defendant's employment and any other activity or business intended to generate income for himself or another must be approved in advance by the probation officer. Defendant shall pay the balance of the fine or restitution outstanding. Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

ORDERED: (X)

(X)

(X) ORDERED:

ORDERED: 2:46 p.m.

TOTAL TIME: 0:32

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