Free Amended Judgment - District Court of Colorado - Colorado

Case 1:01-cr-00319-WYD

Document 1175

Filed 09/12/2007

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UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

UNITED STATES OF AMERICA

AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987) (Changes Identified with Asterisks (*))

v. JOHN D. SPOSIT Date of Original Judgment: July 19, 2004

CASE NUMBER: 01-cr-00319-WYD Joseph Saint-Veltri, Retained
(Defendant's Attorney)

Reason for Amendment: Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b)). THE DEFENDANT: Pleaded guilty to count one of the Superseding Indictment. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Title & Section 21 U.S.C. § 848 Nature of Offense Continuing Criminal Enterprise Possession with Intent to Distribute MDMA ("Ecstasy") and "LSD" Date Offense Concluded 06/07/01 Count Number(s) One

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. The Indictment and the remaining counts of the Superseding Indictment are dismissed as to the defendant on the motion of the United States. It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in economic circumstances. It is further ordered that the Addendum to this judgment, which contains the defendant's social security number, residence address and mailing address, shall be withheld from the court file and retained by the United States Probation Department. July 15, 2004
Date of Imposition of Judgment

s/ Wiley Y. Daniel
Signature of Judicial Officer

Wiley Y. Daniel, U.S. District Judge
Name & Title of Judicial Officer

September 12, 2007
Date

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of *one-hundred and thirty-two (132) months. The court recommends that the Bureau of Prisons designate a facility that is most convenient for the defendant's grandparents who live in Punta Gorda, Florida, to visit him. The court recommends that the defendant be placed in the Bureau of Prisons' Residential Drug Abuse Program (RDAP). The defendant is remanded to the custody of the United States Marshal.

RETURN
I have executed this judgment as follows:

Defendant delivered on

to

at

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By
Deputy United States Marshal

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of five (5) years. The defendant must report to the probation office in the district to which he is released within 72 hours of his release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and two periodic drug tests thereafter. The defendant shall not possess a firearm as defined in 18 U.S.C. § 921. If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant shall comply with the standard conditions that have been adopted by this court as well as any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION
1) 2) 3) 4) 5) 6) 7) The defendant shall not leave the judicial district without the permission of the court or probation officer. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The defendant shall support his dependents and meet other family responsibilities. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons. The defendant shall notify the probation officer at least ten days prior to any change in residence or employment. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, except as prescribed by a physician. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer. The defendant shall permit a probation officer to visit him at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.

8) 9)

10)

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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11) 12) 13)

The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. The defendant shall provide the probation officer with access to any requested financial information.

14)

ADDITIONAL CONDITIONS OF SUPERVISION
1) The defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment and shall pay the cost of treatment as directed by the probation officer. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment.

2)

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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MONETARY OBLIGATIONS
The defendant must pay the following monetary obligations under the schedule of payments set forth below. Count One TOTALS Assessment $100.00 $100.00 Fine $0.00 $0.00 Restitution $0.00 $0.00

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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Filed 09/12/2007

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SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations is due as follows: The $100 special assessment fee is due in full immediately. All monetary obligation payments, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States Attorney. The defendant shall receive credit for all payments previously made toward any monetary obligations imposed. Payments shall be applied in the following order: (1) special assessment.

Case 1:01-cr-00319-WYD
DEFENDANT: JOHN D. SPOSIT CASE NUMBER: 01-cr-00319-WYD

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STATEMENT OF REASONS
The court adopts the presentence report and guideline applications without change. GUIDELINE RANGE DETERMINED BY THE COURT (BEFORE DEPARTURES): Total Offense Level: 35 Criminal History Category: I Imprisonment Term: 240 months Supervised Release Range: 3 to 5 years Fine Range: $20,00 0 to $2,000,000

The fine is waived because of the defendant's inability to pay. RESTITUTION DETERMINATIONS Total Amount of Restitution: DEPARTURE The sentence departs below the guideline range for the following reasons: Pursuant to a Plea Agreement Based on 5K1.1 motion of the government based on the defendant's susbstantial assistance. None.

The court concludes that this statement of reasons for imposing a sentence in a criminal case is presumptively a matter of public interest and scrutiny. See S. Rep. No. 225, 98th Cong., 1st Sess. 1983, 1984 U.S.C.C.A.N. 3182, 3263 (1983) ("The statement of reasons . . . informs defendant and the public of the reasons for the sentence. It provides information to criminal justice researchers.") No party has made a sufficient showing of "good cause," Fed R. Crim. P. 32(i)(4)(C), why it should not be a matter of public record. Therefore, to facilitate systematic documentation of any decision concerning departure, in compliance with 18 U.S.C.A. § 3553(c)(2), this statement of reasons shall be entered and filed by the clerk as part of the judgment.