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

Case 1:01-cr-00304-WYD

Document 58

Filed 12/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: December 13, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob./Pret.: Interpreter: Gary Kruck N/A

___________________________________________________________________________ Criminal Case No. 01-cr-00304-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. ROBERT EARL CHARLTON, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ SUPERVISED RELEASE VIOLATION HEARING 1:39 p.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court's opening remarks. 1:40 p.m. 1:40 p.m. 1:41 p.m. 1:42 p.m. 1:43 p.m. Statement on behalf of Defendant admitting to violations (Ms. Eskesen). Statement on behalf of Government (Ms. McMahan). Statement on behalf of Defendant (Ms. Eskesen). Statement on behalf of Probation (Mr. Kruck). Statement on behalf of Government (Ms. McMahan). Martha H. Eskesen Counsel: Linda A. McMahan

Case 1:01-cr-00304-WYD

Document 58

Filed 12/13/2007

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Judge Wiley Y. Daniel 01-cr-00304-WYD - Courtroom Minutes 1:45 p.m. 1:52 p.m. Statement on behalf of Defendant (Ms. Eskesen). Statement by Defendant on his own behalf (Mr. Charlton). Court makes findings and finds that defendant has violated conditions of supervised release. ORDERED: ORDERED: Supervised release is REVOKED. Defendant be imprisoned for 9 months.

Court RECOMMENDS that the Bureau of Prisons credit defendant for 64 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 24 months. 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 illegally possess controlled substances. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. 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 at least two periodic drug tests thereafter for use of a controlled substance. Defendant shall pay the balance of the fine outstanding. 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.

ORDERED: (X)

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

(X) ORDERED: (X)

Case 1:01-cr-00304-WYD

Document 58

Filed 12/13/2007

Page 3 of 3

Judge Wiley Y. Daniel 01-cr-00304-WYD - Courtroom Minutes (X) ORDERED: Defendant shall ingest monitored Antabuse if not medically contradicted. 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. Court's closing remarks to defendant. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

1:57 p.m. ORDERED: 1:58 p.m.

TOTAL TIME: 0:19