Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00088-REB

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

Date: December 1, 2006 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar Probation Officer: Grant Hanson

Criminal Case No. 04-cr-00088-REB UNITED STATES OF AMERICA, v. JON CLARK, Defendant. David Stark Robert Mydans Patricia Davies

SENTENCING MINUTES - SUPERVISED PROBATION

1:33 p.m.

Court in session.

The Defendant is present in Court (on bond). 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 addendum. Counsel for the defendant informs the Court that he has read and discussed the presentence report with the defendant. Defendant' counsel made a statement on behalf of the defendant, offered information s 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.

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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 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 addendum. 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. That the plea agreement of the parties as stipulated in Court' Exhibits 1 s and 2 is formally approved. That the Government' Motion for Downward Departure Pursuant to s 5K1.1, for Substantial Assistance [#36] filed November 14, 2006, is granted. The Government' Motion for Decrease for Acceptance of s Responsibility and Notice of Sentencing Factors, [#38] filed November 30, 2006, is granted. That judgment of conviction under Fed.R.Crim.P 32(k) is entered on Count One of the Information. That pursuant to the Sentencing Reform Act of 1984, and the provisions of 18 U.S.C. §§ 3561 and 3562, the defendant is now placed on supervised probation for a term of thirty (30) months, as to count one, during which the defendant shall be subject to the jurisdiction of the court and the probation department. That while on supervised probation, the defendant shall comply with all standard conditions of supervised probation as imposed by this court in all such similar cases and circumstances.

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6.

That while on supervised release, the defendant shall comply with the following explicit or special conditions of supervised probation: · 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 probation; that the defendant shall not possess or use illegally any controlled substances; that the defendant shall not possess or use any firearm or any 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 shall not incur new credit charges or open or establish additional lines of credit without the approval of the probation officer, unless the defendant is in complete compliance with any periodic payment obligation imposed by this court in the sentencing orders; that the defendant shall be placed on in-home detention, secured by electronic monitoring, for a term of four (4) months, to commence within twenty-one (21) days of sentencing; provided furthermore, during this period, the defendant shall remain at his place of residence at all times other than times spent for purposes of employment of care of his ailing wife or on other activities approved in advance by his probation officer; that to facilitate electronic monitoring, the defendant shall maintain a telephone at his place of residence, free from any special services, modems, answering machines or cordless telephone; that the defendant shall wear all electronic monitoring devices and follow all other procedures specified by his probation officer; that the defendant shall pay for the cost of the electronic monitoring.

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That no fine is imposed.

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8.

That the defendant shall pay forthwith a special victim' fund assessment s of $100.00. That the mandatory drug-testing provisions of 18 U.S.C. § 3583(d) are waived. That immediately following the conclusion of this sentencing hearing, the defendant shall report in person to Probation Officer, Grant Hanson, to schedule an appointment and time to read, review, discuss, and sign the conditions of supervised probation now required and ordered by this court.

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The Defendant waives formal advisement of appeal.
2:10 p.m. Court in recess.

Total in court time: 00:37 minutes - Hearing concluded

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