Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00032-REB

Document 55

Filed 03/24/2006

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

Date: March 24, 2006 Courtroom Deputy: Ginny Kramer : Court Reporter: Suzanne Claar Probation Officer: Caryl Ricca _____________________________________________________________________ Criminal Case No. 04-cr-00032-REB Counsel: UNITED STATES OF AMERICA, Plaintiff, v. ANTONE RAYMOND AUSTIN, Rick Williamson Defendant. _____________________________________________________________________ RE-SENTENCING _____________________________________________________________________ 11:04 a.m. Court in Session. Philip Brimmer

Defendant present (in custody). Appearances of counsel. Court' opening remarks. s The record should reflect that the court met with counsel, prior to these proceedings in chambers, to discuss the legal significance of the defendant' convictions in state court s subsequent to the original sentencing in this case. The record reflects that the defendant was previously sentenced on September 15, 2004. Pursuant to 18 U.S.C. § 3352 and F.R.Cr.P.32, the Probation Department has 1

Case 1:04-cr-00032-REB

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Filed 03/24/2006

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conducted a presentence investigation and has filed an updated presentence report. Counsel for the Defendant informs the Court that he has read and discussed the updated 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. Statement to the court by the defendant. Statement 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. The advisory sentencing guidelines. The factors to be considered in imposing sentence pursuant to 18 U.S.C. § 3553(a)(1)-(7). The position of the government, the defendant, and the probation department.

Defendant entered a guilty plea on May 20, 2004 to count one of the Indictment. Court makes 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 stated and presented in Court's Exhibits 1 and 2 is formally approved That judgment of conviction under Fed.R.Crim.P. 32(k) is entered on Count One of the 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 2

2.

3.

Case 1:04-cr-00032-REB

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of the Bureau of Prisons to be imprisoned for a term of Sixty (60) months, to be served concurrently with all sentences previously imposed in state court. 4. That on release from imprisonment the defendant shall be placed on supervised release for a term of three (3) years, subject to all mandatory, standard and special conditions of supervised release as previously imposed by the court at the time of sentencing on September 15, 2004. That no fine is imposed. That the defendant shall pay a special victims' fund assessment of $100.00. That the defendant is remanded to the custody of the United States Marshal who shall transport the defendant as soon as practicable and with all deliberate speed to the Bureau of Prisons, there to be received and kept in the manner prescribed by law and consistent with the orders of this court.

5. 6.

7.

Defendant waives formal advisement of appeal.

12:06 a.m.

Court in Recess.

Total in court time: 1 hour and 2 minutes - Hearing concluded

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