Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1512

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IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn

Date: April 30, 2008 Courtroom Deputy: Ginny Kramer Court Reporter: Darlene Martinez Probation Officer: Tom Destito

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, v. 4. CHARLES LEWIS, Defendant. Ronald Gainor Matthew Kirsch Wyatt Angelo

SENTENCING MINUTES

1:35 p.m

.Court in session.

The Defendant is present in Court on bond. Court's opening remarks. 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 addendum. Counsel for the defendant informs the Court that he has read and discussed the presentence report with the defendant. The Defendant calls several witnesses to speak on the behalf of Mr. Charles Lewis. The Defendant calls Mr. Dale Engle. The Defendant is sworn. Direct examination of Mr. Dale Engle, by Mr. Gainor.

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The Defendant calls Mr. Nobert Komach. The witness is sworn. Direct examination of Mr. Nobert Komach, by Mr. Gainor. The Defendant calls Mr. Michael Hudson. The witness is sworn. Direct examination of Mr. Michael Hudson, by Mr. Gainor. Defendant's counsel made a statement on behalf of the defendant, offered information in mitigation of his 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. Statement to the court by Mr. Angelo, for 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 offense 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 addenda. The advisory sentence guidelines. The factors to be considered in imposing sentence pursuant to 18 U.S.C. § 3553(a)(2). The position of the government, the defendant, and the probation department.

The Court enters findings of fact, conclusions of law, judgment of conviction, sentence, and orders. It was ordered as follows: 1. 2. That the defendant's Motion for a Sentence Variance is denied. That judgment of conviction under Fed.R.Crim.P 32(k) is entered on Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment; 2

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3.

That pursuant to the Sentencing Reform Act of 1984, it is the judgment and sentence of this court that defendant, Mr. Charles Lewis, is committed to the custody of the Bureau of Prisons to be imprisoned for a term of 360 months with the sentence computed as follows: A term of 60 months on each Count 1, 3, 21, 22, 24, 25, and 28 to run concurrent with each other. A term of 240 months on each of Counts 5 and 16, to run concurrent with each other and concurrent with the sentence imposed on Counts 1, 3, 5, 16, 21, 22, 25, and 28 for a total of 360 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 his release from imprisonment and the custody of the Bureau of Prisons, the defendant shall report in person to the probation department within the district to which he is released. That while on supervised release, the defendant shall comply with all mandatory and standard conditions of supervised release, prescribed by law at 18 U.S.C. §3583(d) and USSG §5D1.3(a) That no fine is imposed. That the defendant shall pay forthwith a special victim's fund assessment fee of $100.00 for each count of conviction for a total of $1,000.00. That the mandatory drug-testing provisions of 18 U.S.C. § 3583(d) are waived. That an order and judgment of forfeiture shall be entered under 18 U.S.C. §§ 981, 1956, and 1961 and 28 U.S.C. § 2461, as to Count 48 of the Second Superseding Indictment. That presentence confinement shall be determined by the Bureau of Prisons under 18 U.S.C. § 3585. That on or before May 30, 2008, the probation officer shall exert his best efforts to determine the restitution , if any, owed to the victims of the crimes of conspiracy, mail fraud and wire fraud for which the defendant has been convicted and is charged in the Second Superseding Indictment ; provided furthermore that the Government and the defendant shall file any objections to the restitution as calculated by the probation department, within 21 days of its filing.

4.

5.

6. 7.

8.

9.

10.

11.

3

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12.

That the defendant shall voluntarily surrender and report without further notice or hearing to the institution designated by the Bureau of Prisons by noon, on June 2, 2008.

The Defendant is advised of his right to appeal the sentence (s) imposed by the Court.

3:10 p.m.

Court in recess.

Total in court time: 1hour and 35 minutes - Hearing concluded

4

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Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
OAO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 1

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UNITED STATES DISTRICT COURT
District of
UNITED STATES OF AMERICA

COLORADO

JUDGMENT IN A CRIMINAL CASE
Case Number: USM Number: Ronald Gainor, Appointed
Defendant's Attorney

V.
CHARLES LEWIS 04-cr-00103-REB-04 32538-013

THE DEFENDANT:
pleaded guilty to count(s) pleaded nolo contendere to count(s) which was accepted by the court.

X was found guilty on count(s)
after a plea of not guilty.

1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment

The defendant is adjudicated guilty of these offenses: Title & Section 18 U.S.C. § 371 18 U.S.C. §§ 1341 and 2 Nature of Offense Conspiracy Mail Fraud and Aiding and Abetting 10 Offense Ended 10/2004 01/02/02 Count 1 3

The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984.

of this judgment. The sentence is imposed pursuant to

X The defendant has been found not guilty on count(s)
Count(s) is

4, 6, 7, 8, 9, 17, 20, 23, 26, 27, 29, and 36 of the Second Superseding Indictment are dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances. April 30, 2008
Date of Imposition of Judgment

s/ Robert E. Blackburn
Signature of Judge

Robert E. Blackburn, U.S. District Judge
Name and Title of Judge

May 5, 2008 Date

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Criminal Judgment Sheet 1A

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Judgment--Page 2 of 10

DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

ADDITIONAL COUNTS OF CONVICTION
Title & Section 18 U.S.C. §§ 1341 and 2 18 U.S.C. §§ 1343 and 2 15 U.S.C. §§ 77q(a), 77x, and 18 U.S.C. § 2 18 U.S.C. §§ 1957 and 2 Nature of Offense Mail Fraud and Aiding and Abetting Wire Fraud and Aiding and Abetting Securities Fraud and Aiding and Abetting Money Laundering and Aiding and Abetting Offense Ended 08/24/02 02/21/03 02/19/03 08/15/02 Count 5 16 21, 22, 24, 25, and 28 41

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Judgment in Criminal Case Sheet 2 -- Imprisonment

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of:

sixty (60) months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and two hundred forty (240) months on each of counts 5 and 16, to be served concurrently with each other, and a term of one hundred twenty (120) months on Count 41 to be served consecutively to the other counts, for a total term of three hundred sixty (360) months.

The court makes the following recommendations to the Bureau of Prisons:

The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district: at a.m. p.m. on .

as notified by the United States Marshal.

X

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

X before 12 p.m. on X

June 2, 2008

.

as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:

Defendant delivered on at

to , with a certified copy of this judgment.

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 3 -- Supervised Release

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of:

three (3) years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

X X X

The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.) The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION
1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) the defendant shall not leave the judicial district without the permission of the court or probation officer; the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer; the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement; and the defendant shall provide access to any requested financial information.

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 5 -- Criminal Monetary Penalties

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment TOTALS Fine Restitution

$ 1,000.00
pending further order of the court.

$ 0.00

$ 0.00

X

The determination of restitution is deferred until entered after such determination.

An Amended Judgment in a Criminal Case (AO 245C) will be

The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage

TOTALS

$

0.00

$

0.00

Restitution amount ordered pursuant to plea agreement $ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). The court determined that the defendant does not have the ability to pay interest and it is ordered that: the interest requirement is waived for the the interest requirement for the fine fine restitution.

restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.

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AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 6 -- Schedule of Payments

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A Lump sum payment of $ not later than in accordance B C D due immediately, balance due , or E, or C,

C,

D,

F below; or D, or

X Payment to begin immediately (may be combined with

X F below); or

Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

E F

X Special instructions regarding the payment of criminal monetary penalties:
The $1,000 special assessment fee is due in full immediately.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

Joint and Several

The defendant shall pay the cost of prosecution. The defendant shall pay the following court cost(s): The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Criminal Judgment Attachment (Page 1) -- Statement of Reasons

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Judgment--Page

DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

STATEMENT OF REASONS
I COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT A B

X

The court adopts the presentence investigation report without change. The court adopts the presentence investigation report with the following changes.
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.) (Use page 4 if necessary.)

1

Chapter Two of the U.S.S.G. Manual determinations by court (including changes to base offense level, or specific offense characteristics):

2

Chapter Three of the U.S.S.G. Manual determinations by court (including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple counts, or acceptance of responsibility): Chapter Four of the U.S.S.G. Manual determinations by court (including changes to criminal history category or scores, career offender, or criminal livelihood determinations):

3

4

Additional Comments or Findings (including comments or factual findings concerning certain information in the presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions):

C II

The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.) A B C

X

No count of conviction carries a mandatory minimum sentence. Mandatory minimum sentence imposed. One or more counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the sentence imposed is below a mandatory minimum term because the court has determined that the mandatory minimum does not apply based on findings of fact in this case substantial assistance (18 U.S.C. § 3553(e)) the statutory safety valve (18 U.S.C. § 3553(f))

III

COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES): Total Offense Level: 40 Criminal History Category: III Imprisonment Range: 360 to Life Supervised Release Range: 2 to 3 years as to each count to run concurrenlty Fine Range: $ 25,000 to $ 50,779,324.86 X Fine waived or below the guideline range because of inability to pay.

AO 245B

(Rev. 06/05) Criminal Judgment Attachment (Page 2) -- Statement of Reasons

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

STATEMENT OF REASONS
IV ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.) A B
The sentence is within an advisory guideline range that is not greater than 24 months, and the court finds no reason to depart.

X

The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons. (Use page 4 if necessary.) A sentence at the bottom of the applicable advisory guideline range meets the sentencing objectives of 18 U.S.C. § 3553.

C D V

The court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual. (Also complete Section V.) The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.) A The sentence imposed departs (Check only one.): below the advisory guideline range above the advisory guideline range B Departure based on (Check all that apply.): 1 Plea Agreement (Check all that apply and check reason(s) below.): 5K1.1 plea agreement based on the defendant's substantial assistance 5K3.1 plea agreement based on Early Disposition or "Fast-track" Program binding plea agreement for departure accepted by the court plea agreement for departure, which the court finds to be reasonable plea agreement that states that the government will not oppose a defense departure motion. Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.): 5K1.1 government motion based on the defendant's substantial assistance 5K3.1 government motion based on Early Disposition or "Fast-track" program government motion for departure defense motion for departure to which the government did not object defense motion for departure to which the government objected Other Other than a plea agreement or motion by the parties for departure (Check reason(s) below.): Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)
Criminal History Inadequacy Age Education and Vocational Skills Mental and Emotional Condition Physical Condition Employment Record Family Ties and Responsibilities Military Record, Charitable Service, Good Works Aggravating or Mitigating Circumstances 5K2.1 5K2.2 5K2.3 5K2.4 5K2.5 5K2.6 5K2.7 5K2.8 5K2.9 5K2.10 Death Physical Injury Extreme Psychological Injury Abduction or Unlawful Restraint Property Damage or Loss Weapon or Dangerous Weapon Disruption of Government Function Extreme Conduct Criminal Purpose Victim's Conduct 5K2.11 Lesser Harm 5K2.12 Coercion and Duress 5K2.13 Diminished Capacity 5K2.14 Public Welfare 5K2.16 Voluntary Disclosure of Offense 5K2.17 High-Capacity, Semiautomatic Weapon 5K2.18 Violent Street Gang 5K2.20 Aberrant Behavior 5K2.21 Dismissed and Uncharged Conduct 5K2.22 Age or Health of Sex Offenders 5K2.23 Discharged Terms of Imprisonment Other guideline basis (e.g., 2B1.1 commentary)

2

3 C
4A1.3 5H1.1 5H1.2 5H1.3 5H1.4 5H1.5 5H1.6 5H1.11 5K2.0

D

Explain the facts justifying the departure. (Use page 4 if necessary.)

AO 245B

(Rev. 06/05) Criminal Judgment Attachment (Page 3) -- Statement of Reasons

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Judgment--Page

DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

STATEMENT OF REASONS
VI COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM (Check all that apply.) A The sentence imposed is (Check only one.): below the advisory guideline range above the advisory guideline range B Sentence imposed pursuant to (Check all that apply.): 1 Plea Agreement (Check all that apply and check reason(s) below.):
binding plea agreement for a sentence outside the advisory guideline system accepted by the court plea agreement for a sentence outside the advisory guideline system, which the court finds to be reasonable plea agreement that states that the government will not oppose a defense motion to the court to sentence outside the advisory guideline system

2

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
government motion for a sentence outside of the advisory guideline system defense motion for a sentence outside of the advisory guideline system to which the government did not object defense motion for a sentence outside of the advisory guideline system to which the government objected

3 C

Other
Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (Check reason(s) below.):

Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)
the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A)) to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B)) to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C)) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the (18 U.S.C. § 3553(a)(2)(D)) to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6)) to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

most effective manner

D

Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

Case 1:04-cr-00103-REB Document 1530-3 Case 1:04-cr-00103-REB Document 1519
AO 245B (Rev. 06/05) Criminal Judgment Attachment (Page 4) -- Statement of Reasons

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DEFENDANT: CASE NUMBER:

CHARLES LEWIS 04-cr-00103-REB-04

STATEMENT OF REASONS
VII COURT DETERMINATIONS OF RESTITUTION A Restitution Not Applicable.

B Total Amount of Restitution: C Restitution not ordered (Check only one.): 1
2 For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A). For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex issues of fact and relating them to the cause or amount of the victims' losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B). For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).

3

4

X

Restitution is not ordered for other reasons. (Explain.) The order of restitution is deferred pending receipt of additional information from the probation officer on May 30, 2008. The government and the defendant shall file any objections to that information within 21 days . Thereafter, the court will rule on those objections or set the matter for a restitution hearing.

D

Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff,

v.

4. CHARLES FRANKLIN LEWIS Defendant. ______________________________________________________________________________ DEFENDANT'S NOTICE OF APPEAL ______________________________________________________________________________ The Defendant, Charles Franklin Lewis, through undersigned counsel, Ronald Gainor, files this Notice of Appeal to the United States Tenth Circuit Court of Appeals and would hereby appeal the Judgment and Commitment Order that was entered in the above-captioned matter on May 5, 2008.

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646 (303) 447-0930 (fax) [email protected]

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CERTIFICATE OF SERVICE I hereby certify that I have electronically filed the foregoing Notice of Appeal on this 9th day of May, 2008 with the Clerk of the Court using the CM/ECF system which will send notification of said filing to the following parties of record in this case. Matthew Kirsch [email protected] Wyatt B. Angelo [email protected] Peter Bornstein [email protected] Thomas Hammond [email protected] Thomas Goodreid [email protected] Mitchell Baker [email protected] Richard Kornfeld [email protected] Richard Stuckey [email protected] Daniel Smith [email protected]

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Declan O'Donnell [email protected]

s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO. 80503 (303) 448-9646 (303) 447-0930 (fax) [email protected]