Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 820

Filed 08/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Date: August 25, 2006 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar Probation Officer: Caryl Ricca _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB Counsel: UNITED STATES OF AMERICA, v. JANNICE McLAIN SCHMIDT, Daniel Smith Defendant. _____________________________________________________________________ SENTENCING MINUTES _____________________________________________________________________ 2:30 p.m. Court in Session. 5. Matthew Kirsch Wyatt Angelo

The Defendant is present (in custody). Appearances of counsel. Court' opening remarks. s Pursuant to 18 U.S.C. § 3352 and F.R.Cr.P.32, the Probation Department has conducted a presentence investigation and has filed a presentence report and an addendum. Counsel for the Defendant informs the Court that he has read and discussed the presentence report with the defendant. The Defendant calls witness, Mr. Warren Peterson. The witness is sworn. 2:36 p.m. Direct examination of witness, Mr. Warren Peterson, by Mr. Smith.

Case 1:04-cr-00103-REB

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2:45 p.m.

Cross examination of witness, Mr. Warren Peterson, by Mr. Angelo.

The witness is excused and released from subpoena. The Defendant calls witness, Ms. Deanna Robertson. The witness is sworn. 2:55 p.m. 3:00 p.m. Direct examination of witness, Ms. Deanna Robertson, by Mr. Smith. Cross examination of witness, Ms. Deanna Robertson, by Mr. Kirsch.

The witness is excused and released from subpoena. The Defendant' counsel made a statement on behalf of the defendant, offered s information in mitigation of her punishment and commented on the probation officer's determinations and other matters affecting sentence. The Defendant is sworn. Statements to the court by the defendant. Statements to the court by the government. The Court has considered all relevant matters of fact and law, including the following: 1. 2. 3. 4. 5. 6. 7. The nature and circumstances of the offenses for which the defendant is being sentenced. The history and characteristics of the offender. The authorized sentences under 18 U.S.C. §3551. The presentence report and addendum. The advisory sentence guidelines. The factors to be considered in imposing sentence pursuant to 18 U.S.C. §§ 3582(a), and 3553(a)(1)-(7). The position of the government, the defendant, and the probation department.

The Defendant entered a guilty plea on May 5, 2006, to counts one and two of the Superseding Information. The Court enters findings of fact, conclusions of law, judgments of conviction, sentences, and orders. It was ordered as follows:

Case 1:04-cr-00103-REB

Document 820

Filed 08/25/2006

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That the plea agreement of the parties as stipulated in Court' Exhibits 1 s and 2 is formally approved. That the Government' Motion to Dismiss Original Indictment, First s Superseding Indictment, and Second Superseding Indictment, [818] filed August 25, 2006, is granted. The Government' Motion for Decrease for s Acceptance of Responsibility, [819] filed August 25, 2006 is granted. The Defendant' motion for downward departure is denied. The s Defendant' motion for a statutory or non-guideline sentence is denied. s That judgment of conviction under Fed.R.Crim.P. 32(k) is entered on Counts One and Two of the Superseding Information. That pursuant to the Sentencing Reform Act of 1984, and the provisions of 18 U.S.C. § 3621(a), it is the judgment and sentence of this court that the defendant is committed to the custody of the Bureau of Prisons to be imprisoned for a term of Sixty (60) months on Count One and Fortyeight (48) months on Count Two, which sentences shall be served consecutively, for a total of One Hundred and Eight (108) months. That on release from imprisonment, the defendant shall be placed on supervised release for a term of Three (3) years on each count of conviction, to be served concurrently; provided furthermore, that within 72 hours of her release from imprisonment and the custody of the Bureau of Prisons, defendant shall report in person to the probation department within the district to which she is released. That while on supervised release, the defendant shall comply with all mandatory conditions of supervised release, prescribed by law at 18 U.S.C. §3583(d). That while on supervised release, the defendant shall comply with all standard conditions of supervised release as imposed by this Court. That while on supervised release, the defendant shall comply with the following explicit or special conditions of supervised release: · that the defendant shall not violate any federal, state, or municipal statute, regulation, or ordinance in any jurisdiction or place where she may be during the term of her supervised release; that the defendant shall not possess or use illegally any controlled substance; that the defendant shall not posses or use any firearm or any

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Case 1:04-cr-00103-REB

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destructive device as defined under federal law at 18 U.S.C. § 921; · that the defendant shall cooperate in the collection of a sample of her DNA; that the defendant shall not be employed in any fiduciary position or capacity without advance approval of her probation officer or order of this court.

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That no fines are imposed. That the defendant shall pay forthwith a special victim' fund assessment s fee of $100.00 for each count of conviction, for a total of $200.00. That an order and judgment of forfeiture shall be entered under 1 U.S.C. §§ 981, 1956, and 1961, and 28 U.S.C. § 2461 as to Count 3 of the Superseding Information. That the mandatory drug-testing provisions of 18 U.S.C. § 3583(d) are waived. That presentence confinement shall be determined by the Bureau Prisons under 18 U.S.C. § 3585. That the Court recommends that the Bureau of Prisons place the defendant in the Bureau of Prisons camp for female inmates in or near Phoenix, Arizona. That the defendant is remanded to the custody of the United States Marshal.

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Defendant advised of right to appeal the sentences imposed by the Court.

3:40 pm.

Court in Recess.

Total in court time: 1 hour and 20 minutes - Hearing concluded