Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00066-EWN

Document 48

Filed 04/28/2006

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IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE EDWARD W. NOTTINGHAM

Ty Anderson, Deputy Clerk Therese Lindblom, Court Reporter Criminal Action No. 04-cr-00066-EWN-1 Parties: UNITED STATES OF AMERICA, Plaintiff, v. 1. MICHAEL SHANAHAN, Defendant.

Date: April 28, 2006

Counsel: David Conner

Warren Williamson

Probation Officer: Caryl Ricca

SENTENCING MINUTES

9:13 a.m.

Court in session.

Defendant pled guilty on February 8, 2006, to Count One of the Indictment. Appearances of counsel. Mitigation statement by Mr. Williamson. Statement by Defendant. Statement by Mr. Conner. Court' findings. s ORDERED: 1. Government' Motion Regarding Acceptance of Responsibility (#47 s

Case 1:04-cr-00066-EWN

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Courtroom Minutes Judge Edward W. Nottingham Page 2 filed 04/28/2006) is GRANTED. ORDERED: 2. ORDERED: 3. No fine is imposed. Defendant is imprisoned for a term of 51 months.

The court recommends a facility in California as the place of incarceration. ORDERED: 4. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. Within seventy-two hours of his release from the custody of the Bureau of Prisons, Defendant will report in person to the probation office in the district in which he is released. Conditions of supervised release are: a. Defendant is to observe all of the standard conditions of supervised release. Defendant is not to possess any firearm, destructive device or any other dangerous weapon as defined by federal or state statute. Defendant is not to illegally possess or use controlled substances. Defendant is to submit to one drug test within 15 days of his release and two other periodic tests, as directed by the probation officer. Defendant is not to commit a federal, state, or local crime. Defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until such time as Defendant is released from the program by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant shall be required to pay the costs of treatment as directed by the probation officer.

ORDERED: 5.

ORDERED: 6.

b.

c.

d.

e. f.

Case 1:04-cr-00066-EWN

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Courtroom Minutes Judge Edward W. Nottingham Page 3

g.

Defendant shall participate in a program for mental health treatment, as directed by the probation officer, until he is released from that program by the probation officer. He shall pay all costs of such treatment. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment. Defendant is to remain medication compliant and take all medicine that is prescribed by the Defendant' treating s psychiatrist. Defendant is to cooperate with random blood tests, as requested by the treating psychiatrist and/or supervising probation officer, to ensure that a therapeutic level of prescribed medications are maintained. Defendant is to reside in a community corrections center during the entire term of Defendant' supervised release to s commence upon Defendant' release from confinement, and s Defendant is to observe all the rules of that facility. If Defendant can be placed in a group home, approved by the probation department, the probation officer may release the Defendant from the community corrections placement into the group home. Defendant shall cooperate in the collection of DNA as directed by the probation officer.

h.

i.

j.

k.

l.

ORDERED: 7.

Defendant shall pay a special assessment fee of $100 due immediately.

Court accepts plea agreement. Defendant is advised of right to appeal. Defense counsel requests the court enter an order authorizing the defense to release the presentence investigation report for purposes of communicating with the authorities in California.

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Filed 04/28/2006

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Courtroom Minutes Judge Edward W. Nottingham Page 4 ORDERED: 8. Defense counsel shall prepare a proposed order for the court regarding the release of the presentence report.

9:55 a.m.

Court in recess.

Hearing concluded. Total time in court: 00:42