Free Sentencing - District Court of Colorado - Colorado

Case 1:01-cr-00350-WYD

Document 455

Filed 12/14/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Caryl Ricca Date: December 14, 2007 Interpreter: N/A Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 01-cr-00350-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. JASON M. PRICE, John M. Richilano Counsel: Gregory H. Rhodes

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 10:25 a.m. Court in Session - Defendant present (on-bond) Change of Plea Hearing - September 13, 2007 Plea of Guilty - count two of superseding indictment APPEARANCES OF COUNSEL. Court's opening remarks. 10:25 a.m. 10:26 a.m. 10:30 a.m. 10:37 a.m. Statement on behalf of Defendant (Mr. Richilano). Statement on behalf of Government (Mr. Rhodes). Statement on behalf of Defendant (Mr. Richilano). Statement by Defendant on his own behalf (Mr. Price). Court makes findings. -1-

Case 1:01-cr-00350-WYD

Document 455

Filed 12/14/2007

Page 2 of 4

Judge Wiley Y. Daniel 01-cr-00350-WYD - Sentencing Minutes ORDERED: Government's Motion for Downward Departure Pursuant to 5K1.1 of the Sentencing Guidelines (#452 - 12/13/07) is GRANTED. Government's Motion for Decrease for Acceptance of Responsibility (#453 12/13/07) is GRANTED. Order Granting Government's Motion for Defendant to Receive the Third Level for Acceptance of Responsibility under U.S.S.G. §3E1.1(b) is APPROVED BY THE COURT. ORDERED: Defendant be imprisoned for 40 months.

ORDERED:

Court RECOMMENDS that the Bureau of Prisons place the defendant at the least restrictive facility in Englewood, CO and be allowed to participate in the Residential Drug Abuse Program (R.D.A.P.). ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 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. Defendant shall not unlawfully possess a controlled substance. 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. 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. -2-

ORDERED: (X)

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

(X)

Case 1:01-cr-00350-WYD

Document 455

Filed 12/14/2007

Page 3 of 4

Judge Wiley Y. Daniel 01-cr-00350-WYD - Sentencing Minutes (X) The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer. Special Condition(s) of Supervised Release are: Defendant shall participate in a program of testing and treatment for drug and alcohol 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. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. Defendant shall pay a fine of $15,000.00 which shall be paid not later than April 16, 2008. Defendant may surrender voluntarily as follows: Report to the designated institution on or before Wednesday, April 16, 2008, 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. Government's Motion to Dismiss (#454 - 12/13/07) is GRANTED. Government shall submit an amended proposed order that indicates specifically which counts are being dismissed not later than Friday, December 14, 2007.

ORDERED: (X)

(X)

ORDERED:

ORDERED:

ORDERED:

ORDERED:

ORDERED: ORDERED:

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Case 1:01-cr-00350-WYD

Document 455

Filed 12/14/2007

Page 4 of 4

Judge Wiley Y. Daniel 01-cr-00350-WYD - Sentencing Minutes The court finds that defendant is not likely to flee or be a danger to self or others and it is ORDERED: BOND CONTINUED. 10:55 a.m. Court in Recess - HEARING CONCLUDED

TOTAL TIME: 0:30

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