-1-

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CHIEF JUDGE WILEY Y. DANIEL

Date: March 28, 2012

Courtroom Deputy: Robert R. Keech

E.C.R./Reporter: Therese Lindblom

Probation: Michelle Means

Interpreter: N/A

Criminal Case No: 11-cr-00350-WYD

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. ROBERT WHITTALL,

Defendant.

Counsel:

Jeremy S. Sibert

Edward A. Pluss

SENTENCING

3:08 p.m. Court in Session - Defendant present (in-custody)

Change of Plea Hearing - Tuesday, November 22, 2011, at 10:00 a.m.

Plea of Guilty - count 2 of Indictment

APPEARANCES OF COUNSEL.

Court’s opening remarks.

3:11 p.m. Statement on behalf of Defendant (Mr. Pluss).

3:15 p.m. Statement on behalf of Government (Mr. Sibert).

3:19 p.m. Statement on behalf of Probation (Ms. Means).

3:20 p.m. Statement by Defendant on his own behalf (Mr. Whittall).

Court makes findings.

Case 1:11-cr-00350-WYD Document 35 Filed 03/29/12 USDC Colorado Page 1 of 3
-2-

ORDERED: Government’s Motion for Decrease for Acceptance of Responsibility (ECF Doc.

No. 29), filed March 14, 2012, is GRANTED.

Order is APPROVED BY THE COURT.

ORDERED: Defendant’s Request for Variance from Guideline Sentence Pursuant to 18

U.S.C. § 3553(a) (ECF Doc. No. 25), filed February 27, 2012, is DENIED.

ORDERED: Defendant be imprisoned for 57 months.

ORDERED: Upon release from imprisonment, defendant shall be placed on supervised

release for a period of 3 years.

ORDERED: Conditions of Supervised Release are:

(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 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 adopted by the Court.

(X) Defendant shall not unlawfully possess a controlled substance.

(X) 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 two

periodic drug tests thereafter for use of a controlled substance.

(X) The defendant shall cooperate in the collection of D.N.A. as directed by the

probation officer.

ORDERED: Special Condition(s) of Supervised Release are:

(X) Defendant shall participate in and successfully complete a program of testing

and treatment for substance 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 probation.

ORDERED: Defendant shall pay $100.00 to Crime Victim Fund (Special Assessment) to be

paid immediately.

Case 1:11-cr-00350-WYD Document 35 Filed 03/29/12 USDC Colorado Page 2 of 3
-3-

ORDERED: No fine is imposed because defendant has no ability to pay a fine, cost of

incarceration or supervision.

ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any

notice of appeal must be filed within fourteen (14) days. Defendant advised of

right to appeal in forma pauperis.

ORDERED: Government’s Motion to Dismiss Count One of the Indictment (ECF Doc. No.

30), filed March 14, 2012, is GRANTED.

Order to Dismiss is APPROVED BY THE COURT.

ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.

3:36 p.m. Court in Recess - HEARING CONCLUDED.

TOTAL TIME: :28

Case 1:11-cr-00350-WYD Document 35 Filed 03/29/12 USDC Colorado Page 3 of 3