Free Revocation of Probation - Final Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00274-WDM

Document 51

Filed 09/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: Jennifer Nuanes CASE NO. 04-CR-00274-WDM Parties UNITED STATES OF AMERICA,

Date: September 5, 2007 Time: 34 minutes Interpreter: n/a

Counsel Robert Brown

Plaintiff, vs. MICHELLE ABEYTA, Matthew Golla

Defendant.

HEARING ON VIOLATIONS OF PROBATION

11:03 a.m. COURT IN SESSION APPEARANCES OF COUNSEL. Defendant is present and in custody. ORDERED: The statement of facts in the Petition for Violation of Probation are not disputed by the parties and are adopted in the Court's factual findings in this case. The report is incorporated by reference as part of the Court's findings and conclusions.

Case 1:04-cr-00274-WDM

Document 51

Filed 09/05/2007

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Page Two 04-CR-00274-WDM September 5, 2007 Statement by the Court regarding defendant's offense level, criminal history level and sentencing guidelines range. Court takes judicial notice that the defendant has been convicted in Jefferson County Case No. 04-CR-1506, Adams County Case No. 06-CR-680 and United States District Court Case No. 06-CR-00368. Discussion regarding credit for time served by the defendant in custody and whether the sentence in this case should be served concurrently or consecutively. Court states its finding and conclusions. Mr. Golla addresses sentencing. Defendant addresses the Court. Comments by Mr. Brown and Ms. Nuanes. ORDERED: Probation is REVOKED. ORDERED: Defendant shall be imprisoned for 8 months, to be served consecutive to the sentence of imprisonment imposed in United States District Court Case No. 06-CR-00368. Court RECOMMENDS that defendant receive credit for time served in custody. Court RECOMMENDS that the Bureau of Prisons place the defendant at a facility in Phoenix, AZ. ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed within 10 days. ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal. 11:37 a.m. COURT IN RECESS 34 minutes

Total in court time: Hearing concluded

Case 1:04-cr-00274-WDM

Document 51

Filed 09/05/2007

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