Free Order on Motion for Departure - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

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Filed 06/20/2008

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

Date: June 20, 2008 Courtroom Deputy: Ginny Kramer Court Reporter: Darlene Martinez Probation Officer: Jan Woll

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Matthew Kirsch Wyatt Angelo

v. 2. GEORGE ALAN WEED, Defendant. Thomas Goodreid

SENTENCING MINUTES

1:30 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 addenda. Counsel for the defendant informs the Court that he has read and discussed the presentence report with the defendant. 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. Statements to the court by the defendant. Statements to the court by the government.

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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 Defendant was found guilty by a jury on May 29, 2007, as to Counts 5, 15, and 23 of the Second Superseding Indictment. The Court enters findings of fact, conclusions of law, judgment of conviction, sentence and orders. It was ordered as follows: 1. .

That the Defendant's Motion for Departure Variance from Guideline Sentence [#1614] filed June 18, 2008, is denied. That judgment of acquittal is entered on the crimes charged in the Second superseding Indictment in Counts 1, 2, 3, 4, 6, 7, 8, 9. 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 43, and 46. That judgment of conviction under Fed.R.Crim.P 32(k) is entered on Counts 5, 16, and 23 of the Second Superseding Indictment. That pursuant to the Sentencing Reform Act of 1984, 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 twenty-one (21) months on each of counts 5, 16, and 23 of the Second Superseding Indictment to be served concurrently with each other for a total sentence of twenty-one (21) months. That on release from imprisonment, the defendant shall be placed on supervised release for a term of three 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. 2

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6.

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) and USSG §5D1.3(a). That while on supervised release, the defendant shall comply with all standard conditions of supervised release in effect throughout this district as imposed by the 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 he may be during the term of his supervised release; that the defendant shall not possess or use illegally any controlled substances; that the defendant shall not possess or use any firearm or 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 his DNA; that the defendant may not be employed in any fiduciary position or capacity without the advance approval of his probation officer.

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That no fine is imposed. That the defendant shall pay forthwith a special victim's fund assessment fee of $100.00 for each of the 3 counts of conviction for a total of $300.00. That an appropriate order and judgment of forfeiture shall be entered under 18 U.S.C. §§ 981, 1956, 1961, and 28 U.S.C. § 2461 as to Count 48 of the Second Superseding Indictment. That the mandatory drug-testing provisions of 18 U.S.C. § 3583(d) are waived. That presentence confinement shall be determined by the Bureau of Prisons under 18 U.S.C. § 3585. That the defendant shall pay restitution for the benefit of Gregory Scott Hector and William and Brenda Pina, payable in care of the Clerk of Court 3

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in full in the amount of $125,000.00 to be paid by the defendant jointly and severally with all other co-defendants found to be liable for restitution in installments of not less than $500.00 per month during the term of supervised release as directed by the probation department; provided that interest on restitution is waived. 15. That the Defendant shall voluntarily surrender and report without further notice or hearing to the institution designated by the Bureau of Prisons by 12:00 noon on July 21, 2008.

The Defendant waives formal advisement of appeal.
2:35 p.m. Court in recess.

Total in court time: 1 hour and 5 minutes - Hearing concluded

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