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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

SENIOR JUDGE WILEY Y. DANIEL

Date: June 11, 2014

Courtroom Deputy: Robert R. Keech

E.C.R./Reporter: Terri Lindblom

Probation: Gary Burney

Interpreter: N/A

Criminal Case No: 11-cr-00362-WYD

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. SCOTT GOLDBERG,

Defendant.

Counsel:

Tim R. Neff

Steven M. Feder

SENTENCING

10:12 a.m. Court in Session - Defendant present (on-bond)

Change of Plea Hearing - Tuesday, June 12, 2012, at 11:00 a.m.

Plea of Guilty - count 1 of Indictment

APPEARANCES OF COUNSEL.

Court’s opening remarks.

10:14 a.m. Statement and argument on behalf of Government (Mr. Neff).

10:25 a.m. Statement and argument on behalf of Defendant (Mr. Feder).

10:28 a.m. Statement on behalf of Probation (Mr. Burney).

10:29 a.m. Statement and argument on behalf of Government (Mr. Neff).

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10:37 a.m. Statement on behalf of Defendant (Mr. Feder).

10:39 a.m. Statement on behalf of Government (Mr. Neff).

10:39 a.m. Statement on behalf of Probation (Mr. Burney).

10:43 a.m. Statement on behalf of Defendant (Mr. Feder).

10:58 a.m. Statement by Defendant on his own behalf (Mr. Goldberg).

Court makes findings.

ORDERED: Government’s Motion for Downward Departure Pursuant to 5K1.1 [ECF Doc. No.

185], filed September 26, 2012, is GRANTED.

ORDERED: Defendant Scott Goldberg’s Sentencing Memorandum and Request for Variant

Sentence [ECF Doc. No. 368], filed May 27, 2014, is DENIED AS MOOT.

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

No. 183], filed September 26, 2012, is GRANTED.

Order is APPROVED BY THE COURT.

ORDERED: Defendant is placed on probation for a term of 5 years.

ORDERED: Conditions of Probation are:

(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 Court waives the mandatory drug testing provisions of 18 U.S.C. §

3563(a)(5), because the presentence report indicates a low risk of future

substance abuse by the defendant.

(X) Because this sentence imposes restitution, it is a condition of probation that the

defendant pay in accordance with the Schedule of Payments sheet set forth in

the judgment.

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

probation officer.

ORDERED: Special Condition(s) of Probation are:

(X) The defendant shall not incur new credit charges or open additional lines of

credit without the approval of the probation officer, unless the defendant is in

compliance with the periodic payment obligations imposed pursuant to the

Court’s judgment and sentence.

(X) As directed by the probation officer, the defendant shall apply any monies

received from income tax refunds, lottery winnings, inheritances, judgments, and

any anticipated or unexpected financial gains to the outstanding court ordered

financial obligation in this case.

(X) The defendant shall work with the probation officer in development of a monthly

budget that shall be reviewed with the probation officer quarterly.

(X) For the first year of probation, the defendant shall set aside 10% of his weekly

earnings. Every month, the defendant shall deliver to the Clerk of the Court his

monthly payment as payment on the restitution obligation that remains unpaid at

the commencement of supervised release. Within 60 days of the completion of

the first year of probation, the defendant shall meet with the probation officer to

develop a plan for the payment of restitution. This plan will be based upon the

defendant’s income and expenses. The plan will be forwarded to the Court for

review and approval.

ORDERED: The defendant has brought a check today, payable to the Clerk of Court in the 

amount of $19,583.05, which the defendant shall immediately remit to the Clerk

of Court at the conclusion of today's sentencing hearing. This amount will be

credited toward the defendant’s restitution obligation.

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

paid immediately.

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

incarceration or supervision.

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ORDERED: The defendant shall make restitution to the victims and in the amounts indicated

in the presentence report.

Restitution is ordered jointly and severally with the following defendants:

Name Case Number Amount

RICHARD BENJAMIN 11-cr-00362-WYD-03 $459,625.00

DONALD BEVERLY 11-cr-00362-WYD-02 $198,970.00

JIMMY HUTCHINSON 11-cr-00362-WYD-04 $216,891.00

VINCENT JACKSON 11-cr-00362-WYD-05 $468,580.00

DALE JOHNSON 11-cr-00362-WYD-01 $383,292.00

Restitution owed solely by the defendant is as follows: $313,672.67

TOTAL AMOUNT OWED: $2,041,030.67

Each victim shall receive an approximately proportional payment based on the

victim’s share of the total loss.

The Court finds that the defendant does not have the ability to pay interest and

will waive the interest requirement for restitution.

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 Remaining Counts of the Indictment as to

Defendant Scott Goldberg [ECF Doc. No. 184], filed September 26, 2012, is

GRANTED.

Order to Dismiss the Remaining Counts of the Indictment as to Defendant Scott

Goldberg is APPROVED BY THE COURT.

ORDERED: Bond is EXONERATED.

11:20 a.m. Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 1:08

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