Free Sentencing - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 836

Filed 06/16/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK COURTROOM MINUTES _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: June 16, 2006 Probation: Elizabeth Oppenheimer

_____________________________________________________________________ Criminal Action No. 04-cr-00187-LTB UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITIA, Defendant. _____________________________________________________________________ SENTENCING _____________________________________________________________________ 03:33 p.m. Court in Session Harvey Steinberg Counsel: James Boma

Defendant is present and on bond Mr. Steinberg' comments s Defendant' comments s Court' comments s Defendant plead guilty to an Information on April 6, 2006

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Case 1:04-cr-00187-LTB

Document 836

Filed 06/16/2006

Page 2 of 3

ORDERED: Defendant be imprisoned for: 37 months ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of three years. ORDERED: Conditions of Supervised Release: (x) 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 (x) Defendant shall pay in accordance with the schedule of payment sheet set forth in the judgment. (x) Defendant shall not commit another federal, state or local crime (x) Defendant shall not possess a firearm as defined in 18 U.S.C. § 921 (x) Defendant shall comply with standard conditions as adopted by the court (x) Defendant shall not unlawfully possess a controlled substance (x) 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. (x) Defendant will cooperate in the collection of DNA as directed by the probation officer. SPECIAL CONDITIONS: of Supervised Release (x) Defendant shall participate in a program of testing and treatment for alcohol abuse as directed by the probation officer until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be paid immediately ORDERED: Defendant shall pay a fine of $10,000.00. Interest on the fine is waived. The defense requests the Court recommend the camp at Englewood and the RDAP program. Court recommends that the Bureau of Prisons place the defendant at the camp at Englewood and the RDAP program. The court finds the defendant is not likely to flee or pose a danger to the safety of any other person or the community. IT IS ORDERED that defendant surrender at the institution designated by the Bureau of Prisons before July 31, 2006. 2

Case 1:04-cr-00187-LTB

Document 836

Filed 06/16/2006

Page 3 of 3

The sentence imposed is one which the Court finds and concludes is sufficient but not greater than necessary to comply with the purposes set forth in paragraph (2) of 18 U.S.C. § 3553(a) ORDERED: Defendant advised of right to appeal. The 04:04 p.m. Court in Recess Hearing concluded Time: /31

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