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

Case 1:04-cr-00072-WYD

Document 83

Filed 12/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: December 11, 2007 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler Prob./Pret.: Interpreter: Marcee J. Fox N/A

___________________________________________________________________________ Criminal Case No. 04-cr-00072-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. CRAIG HENRY BARNUM, Defendant. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ PROBATION VIOLATION HEARING 9:49 a.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court's opening remarks. 9:49 a.m. Statement on behalf of Defendant admitting to the six alleged violations (Mr. Harris). Statement by Defendant on his own behalf (Mr. Barnum). Statement on behalf of Government (Mr. Kirsch). Statement on behalf of Probation (Ms. Fox). Edward R. Harris Counsel: Matthew T. Kirsch

9:58 a.m. 10:05 a.m. 10:06 a.m.

Case 1:04-cr-00072-WYD

Document 83

Filed 12/11/2007

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Judge Wiley Y. Daniel 04-cr-00072-WYD - Courtroom Minutes 10:08 a.m. Statement on behalf of Defendant (Mr. Harris). Court makes findings and finds that defendant has violated conditions of probation. ORDERED: ORDERED: Probation is REVOKED. Defendant be imprisoned for 10 months.

Court RECOMMENDS that the Bureau of Prisons credit defendant for 68 days spent in custody. ORDERED: Upon release from imprisonment, defendant shall be placed on supervised release for a period of 3 years. 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 illegally possess controlled substances. Defendant shall not possess a firearm as defined in 18 U.S.C. § 921. Defendant shall comply with standard conditions adopted by the Court. 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 at least two periodic drug tests thereafter for use of a controlled substance. Special Condition(s) of Supervised Release are: 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 participate in a program of testing and treatment for drug and 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

ORDERED: (X)

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

ORDERED: (X)

(X)

Case 1:04-cr-00072-WYD

Document 83

Filed 12/11/2007

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Judge Wiley Y. Daniel 04-cr-00072-WYD - Courtroom Minutes probation. (X) The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment. Defendant shall pay the balance of the restitution outstanding. 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 into the custody of the U.S. Marshal. Court in Recess - HEARING CONCLUDED

(X) ORDERED:

ORDERED: 10:15 a.m.

TOTAL TIME: 0:26