Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1512

Filed 04/30/2008

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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.

Case 1:04-cr-00103-REB

Document 1512

Filed 04/30/2008

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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

Case 1:04-cr-00103-REB

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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.

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Case 1:04-cr-00103-REB

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Filed 04/30/2008

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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

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Case 1:04-cr-00103-REB

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Filed 04/30/2008

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