Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00377-WYD

Document 67

Filed 09/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Caryl A. Ricca Date: September 25, 2006 Interpreter: N/A Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 04-cr-00377-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSEPH JOHN BELVILLE, Marc Milavitz Counsel: Philip A. Brimmer

Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 10:15 a.m. Court in Session - Defendant present (in-custody) Change of Plea Hearing - June 2, 2006, at 3:00 p.m. Plea of Guilty - count 1 of Indictment APPEARANCES OF COUNSEL. Court' opening remarks. s 10:16 a.m. 10:17 a.m. 10:19 a.m. 10:21 a.m. 10:22 a.m. Statement on behalf of Defendant (Mr. Milavitz). Statement on behalf of Government (Mr. Brimmer). Statement on behalf of Defendant (Mr. Milavitz). Statement on behalf of Government (Mr. Brimmer). Statement on behalf of Defendant (Mr. Milavitz). -1-

Case 1:04-cr-00377-WYD

Document 67

Filed 09/25/2006

Page 2 of 4

Judge Wiley Y. Daniel 04-cr-00377-WYD - Sentencing Minutes 10:24 a.m. Statement by Defendant on his own behalf (Mr. Belville). Court makes findings. ORDERED: Government' Motion for Decrease for Acceptance of Responsibility (#61 s 6/1/06) is GRANTED. Defendant be imprisoned for 60 months; to run consecutive to the sentence imposed in Denver County District Court case number 2005-CR-1827.

ORDERED:

Court RECOMMENDS that the Bureau of Prisons place the defendant at FMC Springfield, MO and participate in the Bureau of Prisons Axis II Program. 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. The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer.

ORDERED: (X)

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

(X)

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Case 1:04-cr-00377-WYD

Document 67

Filed 09/25/2006

Page 3 of 4

Judge Wiley Y. Daniel 04-cr-00377-WYD - Sentencing Minutes ORDERED: (X) 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 undergo a psychiatric evaluation. A written report which have shall be provided to the court and the probation department. 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 remain compliant and shall take all medications that are prescribed by his treating psychiatrist. The defendant cooperate with random blood tests as requested by his treating psychiatrist and/or supervising probation officer to ensure that a therapeutic level of his prescribed medications is maintained. The defendant shall reside in a community corrections center for a period of 6 months to commence on release from prison and shall observe the rules of that facility. The defendant may be released from the community corrections placement at the discretion of the probation officer if the defendant secures both a residence and a job approved by the probation officer. 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 to appeal in forma pauperis. Government' Motion to Dismiss Count Two (#60 - 6/1/06) is GRANTED. s

(X)

(X)

(X)

ORDERED:

ORDERED:

ORDERED:

ORDERED:

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Case 1:04-cr-00377-WYD

Document 67

Filed 09/25/2006

Page 4 of 4

Judge Wiley Y. Daniel 04-cr-00377-WYD - Sentencing Minutes Order Granting Government' Motion to Dismiss Count Two is APPROVED BY s THE COURT. ORDERED: 10:31 a.m. Defendant is REMANDED to the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED / CONTINUED

TOTAL TIME: :16

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