Free Order on Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 127

Filed 11/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Edwin Colunga Date: November 15, 2006 Interpreter: N/A Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 04-cr-00048-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. DAN LEHMAN, Harvey A. Steinberg Counsel: Mark J. Barrett

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 10:16 a.m. Court in Session - Defendant present (on-bond) Change of Plea Hearing - Wednesday, February 1, 2006, at 11:30 a.m. Plea of Guilty - Count One of Indictment APPEARANCES OF COUNSEL. Court' opening remarks. s 10:14 a.m. 10:20 a.m. 10:21 a.m. Statement and argument on behalf of Government (Mr. Barrett). Statement on behalf of Defendant (Mr. Steinberg). Statement by Defendant on his own behalf (Mr. Lehman). Court makes findings.

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Case 1:04-cr-00048-WYD

Document 127

Filed 11/15/2006

Page 2 of 3

Judge Wiley Y. Daniel 04-cr-00048-WYD - Sentencing Minutes ORDERED: Plea agreement pursuant to 11(c)(1)(C) is RATIFIED AND THE PLEA OF GUILTY IS ACCEPTED. Government' Motion for Defendant to Receive the Third Level for Acceptance s of Responsibility (#125 - 11/15/06) is GRANTED. Government' Motion for Departure (#124 - 11/13/06) is GRANTED. s Defendant be imprisoned for 35 months. Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years. Conditions of Supervised Release are: Within 72 hours of release from the custody of the Bureau of Prisons, defendant shall report in person to the probation office in the district to which the defendant is released. Defendant shall not commit another federal, state or local crime. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. If the judgment in this case imposes a fine or restitution obligation, it shall be a condition of supervised release that the Defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the schedule of payments set forth in the judgment. Defendant shall not unlawfully possess controlled substances. The Defendant shall refrain from the unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and two periodic drug tests thereafter for use of a controlled substance. The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer.

ORDERED:

ORDERED: ORDERED: ORDERED:

ORDERED: (X)

(X) (X) (X) (X)

(X) (X)

(X)

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Case 1:04-cr-00048-WYD

Document 127

Filed 11/15/2006

Page 3 of 3

Judge Wiley Y. Daniel 04-cr-00048-WYD - Sentencing Minutes ORDERED: (X) Special Condition(s) of Supervised Release are: Defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer. Defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. Defendant will be required to pay the cost of treatment as directed by probation. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or supervision. Defendant may surrender voluntarily as follows: Report to the designated institution on or before Tuesday, January 16, 2007, at 12:00 noon. Defendant advised of right to appeal the sentence imposed by the Court. Any notice of appeal must be filed within ten (10) days. Defendant advised of right to appeal in forma pauperis.

ORDERED:

ORDERED:

ORDERED:

ORDERED:

Court RECOMMENDS that the Bureau of Prisons place the defendant at a facility with the Residential Drug Abuse Program (R.D.A.P.). The court finds that defendant is not likely to flee or be a danger to self or others and it is ORDERED: BOND CONTINUED. 10:29 a.m. Court in Recess - HEARING CONCLUDED

TOTAL TIME: :13

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