Free Order on Motion for Bond - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1423

Filed 11/09/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Michael J. Watanabe United States Magistrate Judge Case Number: 04-cr-00103-REB Date: November 9, 2007

K. Weckwerth Deputy Clerk FTR MJW AM

UNITED STATES OF AMERICA v. JANNICE McLAIN SCHMIDT

Matt Kirsch

Paula Ray

HEARING ON MOTION FOR RELEASE ON BOND PENDING RE-SENTENCING Court in Session: 10:00 am Court calls case and appearances of counsel. Katrina Devine is present from pre-trial services. Defense provides proffer to the court. The government requests clarification. Defense concedes under 18 USC 3143 that defendant has burden of proof by clear and convincing evidence. Government addresses the motion [1413]. Witness testimony is taken. Defendant addresses the motion. Exhibit A is marked and admitted. Court presents findings. ORDERED: Motion [1413] is DENIED. Defendant is considered a danger to the community and a flight risk by clear and convincing evidence. No conditions exist to reasonably assure defendants appearance in court. Defendant is detained without bond. Motion for a new judge for re-sentencing is DENIED. Relief for a more expedited re-sentencing date is DENIED.

Case 1:04-cr-00103-REB

Document 1423

Filed 11/09/2007

Page 2 of 2

ORDERED: Defendant remanded to the custody of the United States Marshal. Hearing concluded. Court in recess: 11:17 am time in court: 1 hour and 17 minutes