Free Order - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1352

Filed 08/20/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 4. 5. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, JANNICE McCLAIN-SCHMIDT, and MICHAEL SMITH, Defendants.

MINUTE ORDER1

The matter before the court is the Government's Unopposed Motion for Consolidation/Joinder Of Sentencing Hearings For The Purpose Of Taking Evidence [#1351] filed August 15, 2007. Although the government's motion does not implicate defendant, Jannice McClain Schmidt, directly, the computation of loss under USSG § 2B1.1(b)(1) is an issue of fact and law now common to the sentencing of all five of the defendants enumerated above. Thus, the court should set a consolidated hearing to receive evidence relevant to the issue of loss. Because such an evidentiary hearing will affect the timing of the defendants' individual sentencing hearings, it becomes necessary to continue those hearings. THEREFORE, IT IS ORDERED as follows: 1. That the Government's Unopposed Motion for Consolidation/Joinder Of Sentencing Hearings For The Purpose Of Taking Evidence [#1351] filed August 15, 2007, IS GRANTED; 2. That the court SHALL CONDUCT a consolidated evidentiary hearing on the

This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado.

1

Case 1:04-cr-00103-REB

Document 1352

Filed 08/20/2007

Page 2 of 2

issue of loss relevant to sentencing on October 19, 2007, commencing at 1:30 p.m., reserving the balance of the afternoon if necessary, at which time counsel and the five defendants enumerated above SHALL APPEAR before the court without further notice or order; 3. That the individual sentencing hearings now set for defendants, N. Schmidt, Weed, Lewis, and Smith ARE VACATED and for now CONTINUED WITHOUT DATE;2 and 4. That the U.S. Marshal shall assist the court in securing the appearance of defendants, Jannice McClain Schmidt and Norman Schmidt, at the consolidated evidentiary hearing. Dated: August 20, 2007.

Either at or before the October 19, 2007, evidentiary hearing, the court will reset the defendants' sentencing hearings.

2

2