Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00379-WYD

Document 66

Filed 12/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Jim Murphy Date: December 22, 2005 Interpreter: N/A Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Darlene Martinez ___________________________________________________________________________ Criminal Case No: 04-CR-00379-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. MICHAEL MENSEN, a/k/a " Tick," Harvey A. Steinberg Counsel: Philip A. Brimmer

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 9:05 a.m. Court in Session - Defendant present (in-custody) Change of Plea Hearing - Thursday, September 29, 2005, at 4:00 p.m. Plea of Guilty - count 1 of Indictment APPEARANCES OF COUNSEL. Court' opening remarks. s 9:07 a.m. 9:09 a.m. 9:10 a.m. Statement on behalf of Government (Mr. Brimmer). Statement on behalf of Defendant (Mr. Steinberg). Statement by Defendant on his own behalf (Mr. Mensen). Court makes findings. Court RATIFIES and ACCEPTS plea of guilty pursuant to F.R.Cr.P. 11(c)(1)(C).

Case 1:04-cr-00379-WYD

Document 66

Filed 12/22/2005

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Judge Wiley Y. Daniel 04-CR-00379-WYD - Sentencing Minutes Page 2 ORDERED: ORDERED: Defendant be imprisoned for 69 months. 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. 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. Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately. No fine is imposed because defendant has no ability to pay a fine, cost of incarceration or 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

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Case 1:04-cr-00379-WYD

Document 66

Filed 12/22/2005

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Judge Wiley Y. Daniel 04-CR-00379-WYD - Sentencing Minutes Page 3 to appeal in forma pauperis. ORDERED: Government' Motion for Decrease for Acceptance of Responsibility (#64 s 12/16/05) is GRANTED. Order Granting Decrease of Offense Level is APPROVED BY THE COURT. Court RECOMMENDS that the Bureau of Prisons place the defendant at F.C.I. Englewood, CO. ORDERED: 9:15 a.m. Defendant is REMANDED to the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

xc: Probation Department TOTAL TIME: :10