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

Case 1:01-cr-00031-WDM

Document 58

Filed 02/20/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: Thomas Meyer CASE NO. 01-CR-00031-WDM Parties UNITED STATES OF AMERICA,

Date: February 20, 2008 Time: 53 minutes Interpreter: n/a

Counsel Kassandra Carlton

Plaintiff, vs. JOHN LEWIS WESTON, Warren Williamson

Defendant.

HEARING ON VIOLATIONS OF SUPERVISED RELEASE

9:02 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. Mr. Williamson advises that the defendant is prepared to admit to violations 1, 3 and 7 alleged in the Petition for Violations of Supervised Release. Defendant sworn, answers true name and admits to violations 1, 3 and 7.

Case 1:01-cr-00031-WDM

Document 58

Filed 02/20/2008

Page 2 of 3

Page Two 01-CR-00031-WDM February 20, 2008 ORDERED: The statement of facts in the Plea Agreement and the Presentence Report are not disputed by the parties and are adopted in the Court's factual findings in this case. The report is incorporated by reference as part of the Court's findings and conclusions. Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Mr. Williamson addresses sentencing. Defendant addresses the Court. Comments by Ms. Carlton. Comments by Mr. Meyer. Further comments by Mr. Williamson. Court concludes defendant has violated the terms of supervised release. ORDERED: Supervised Release is REVOKED. ORDERED: Defendant shall be imprisoned for 5 months. Court STRONGLY RECOMMENDS that the Bureau of Prisons place the defendant at the Jefferson County facility. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 12 months. ORDERED: Conditions of Supervised Release that: (X) 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. (X) Defendant shall not commit another federal, state or local crime. (X) Defendant shall not illegally possess controlled substances. (X) Defendant shall not possess a firearm or destructive device. (X) Defendant shall comply with standard conditions recommended by U.S. Sentencing Commission.

Case 1:01-cr-00031-WDM

Document 58

Filed 02/20/2008

Page 3 of 3

Page Three 01-CR-00031-WDM February 20, 2008 (X) Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and at least two periodic drug tests thereafter for use of a controlled substance. Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED because defendant has not shown any evidence of drug use.

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ORDERED: Special Condition of Supervised Release that: (X) Defendant shall participate in a program of testing and treatment for (drug/alcohol abuse as directed by the probation officer until such time as defendant is released from the program by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant will be required to pay the cost of treatment as directed by the probation officer. ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. ORDERED: Defendant's exhibits 1 and 2 are ADMITTED. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. 9:55 a.m. COURT IN RECESS 53 minutes

Total in court time: Hearing concluded