Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00352-WYD

Document 67

Filed 01/20/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Probation: Kurt Thoene Date: January 20, 2006 Interpreter: N/A Courtroom Deputy: Bernique Abiakam E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Criminal Case No: 04-cr-00352-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. EDWARD POLE, Defendant. ___________________________________________________________________________ SENTENCING ___________________________________________________________________________ 9:06 a.m. Court in Session - Defendant present (in-custody) Change of Plea Hearing - August 24, 2005 Plea of Guilty - counts One and Two of Indictment APPEARANCES OF COUNSEL. Court' opening remarks. s Discussion regarding imposed fine. 9:07 a.m. 9:10 a.m. 9:16 a.m. 9:17 a.m. Statement on behalf of defendant (Mr. Saint-Veltri). Statement on behalf of government (Mr. Pena). Statement on behalf of defendant (Mr. Saint-Veltri). Statement by Court. Joseph Saint-Veltri J. Michael Dowling Counsel: Jaime Pena

Case 1:04-cr-00352-WYD

Document 67

Filed 01/20/2006

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Judge Wiley Y. Daniel 04-cr-00352-WYD - Sentencing Minutes Page 2

9:19 a.m. 9:20 a.m.

Statement on behalf of defendant (Mr. Saint-Veltri). Statement by defendant (Mr. Pole). Court makes findings.

ORDERED:

The Court will accept and ratify the 11(c)(1)(C) plea.

The Court notes that the forfeiture obligation has been satisfied in this case. ORDERED: Defendant be imprisoned for 46 months as to both count one and two to run concurrently.

Court RECOMMENDS that the Bureau of Prisons place the defendant at Beaumont, Texas. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 5 years - five years as to count one and three years as to count two with the terms of supervised release to run concurrently. 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 controlled substances. 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

ORDERED: (X)

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

(X)

Case 1:04-cr-00352-WYD

Document 67

Filed 01/20/2006

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Judge Wiley Y. Daniel 04-cr-00352-WYD - Sentencing Minutes Page 3 release in accordance with the schedule of payments set forth in the judgment. (X) The defendant shall cooperate in the collection of D.N.A. as directed by the probation officer. Special Condition(s) of (Probation (Supervised Release are: Defendant shall participate in a program of testing and treatment for drug 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 not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless defendant is in compliance with the installment payment schedule. Defendant shall pay $200.00 to Crime Victim Fund (Special Assessment) to be paid immediately. Defendant shall pay a fine of $10,000 as follows: monthly installments of $200.00. The Court waives the interest requirement. Government' Motion to Dismiss (#38 - 5/12/05) is GRANTED. s 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. Defendant is REMANDED to the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED.

ORDERED: (X)

(X)

ORDERED:

ORDERED:

ORDERED: ORDERED: ORDERED:

ORDERED: 9:30 a.m.

TOTAL TIME: 24 minutes