Free Supervised Release - Final Revocation Hrg - District Court of Colorado - Colorado

Case 1:01-cr-00312-WYD

Document 72

Filed 09/20/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: September 20, 2006 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob./Pret.: Interpreter: Edward C. Gadden, II N/A

___________________________________________________________________________ Criminal Case No. 01-cr-00312-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. EMANUEL STANCHIEFF, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ CONTINUATION OF SUPERVISED RELEASE VIOLATION HEARING (CONTINUED FROM AUGUST 29, 2006) 4:00 p.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court' opening remarks. s 4:00 p.m. Statement on behalf of Probation regarding placement in half-way house (Mr. Gadden). Statement on behalf of Defendant (Mr. Varholak). Court makes findings and finds that defendant has violated conditions of supervised release. Scott T. Varholak Counsel: Philip A. Brimmer

4:01 p.m.

Case 1:01-cr-00312-WYD

Document 72

Filed 09/20/2006

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Judge Wiley Y. Daniel 01-cr-00312-WYD - Courtroom Minutes

Court makes findings. ORDERED: ORDERED: Supervised release is REVOKED. Defendant be imprisoned for one day of incarceration with time served.

Court RECOMMENDS that the Bureau of Prisons credit the defendant with 44 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. 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. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall reside in an approved Residential Reentry Center (RRC) up to a maximum of 180 days, to commence as directed by the probation department, and the defendant shall observe all rules of that facility. The defendant may be discharged earlier than 180 days by the Probation Department if the defendant is determined to be in full compliance with all conditions of supervision. 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: (X)

(X)

(X)

ORDERED:

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Case 1:01-cr-00312-WYD

Document 72

Filed 09/20/2006

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Judge Wiley Y. Daniel 01-cr-00312-WYD - Courtroom Minutes

ORDERED: 4:07 p.m.

Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

TOTAL TIME: :07

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