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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

_____________________________________________________________________

Courtroom Deputy: Laura Galera

Court Reporter: Tracy Weir

Date: July 3, 2012

Probation: Patrick Lynch

______________________________________________________________________

Criminal Action No. 11-cr-00373-WJM

UNITED STATES OF AMERICA,

Plaintiff,

v.

CONARD KERN,

Defendant.

Counsel:

M.J. Menendez

Christopher Levkullich

_____________________________________________________________________

COURTROOM MINUTES

_____________________________________________________________________

HEARING - SENTENCING

10:03 a.m. Court in Session 

Appearances

Defendant is present and in custody. 

Oath administered to the defendant. 

Court’s comments

Sentencing Statement (by Ms. Menendez)

Sentencing Statement (by Mr. Levkullich)

Defendant does not oppose the Court ordering the restitution amount.

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Defendant plead guilty to Counts Two, Five, Six and Seven on April 19, 2012.

Government is not requesting a forfeiture.

Defense counsel addresses the Court regarding a forfeiture.

Statements by individuals on behalf of the Defendant.

Defendant’s Allocution

ORDERED: Motion to Suppress Statements and Evidence (ECF No. 30) is

WITHDRAWN and DENIED AS MOOT.

ORDERED: Motion for Variant Sentence (ECF No. 52) is GRANTED IN PART. 

ORDERED: Government’s Motion Regarding Acceptance of Responsibility (ECF

No. 55) is GRANTED.

ORDERED: Government’s Motion to Dismiss Counts One, Three, Four, Eight and

Nine of the Indictment (ECF No. 61) is GRANTED.

ORDERED: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of

the Court that the defendant, Conard Kern, is hereby committed to

the custody of the Bureau of Prisons to be imprisoned for a term of

30 months on each of Counts 2, 5, 6 and 7, to be served

concurrently. 

ORDERED: Upon release from imprisonment defendant is placed on supervised

release for a term of 3 years Counts 2, 5, 6 and 7, to be served

concurrently. 

Within 72 hours of release from the custody of the Bureau of Prisons

defendant must report in person to the probation office in the district

to which defendant is released. And while on supervised release

defendant shall not commit another federal, state or local crime,

shall not possess a firearm as defined in 18 U.S.C. § 921, and

defendant must comply with the standard conditions adopted by this

Court.

 

Defendant shall not unlawfully possess a controlled substance.

Defendant shall refrain from any unlawful use of a controlled

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substance and submit to one drug test within 15 days of release on

supervised release and two periodic tests thereafter.

Defendant shall cooperate in the collection of DNA as directed by his

probation officer.

ORDERED: The following special conditions of supervised release are imposed:

Court enters an order of restitution that the first $3000 that Mr.

Kern’s family receives from the sale of the firearms in question and

that were described by counsel and placed on the record today shall

be made payable to Mr. Ward Marshal.

Defendant shall participate in and successfully complete a program

of testing and/or treatment for substance abuse as approved by the

probation officer until such time as the defendant is released from

the program by the probation officer.

Defendant shall abstain from the use of alcohol or other intoxicants

during the course of treatment and shall pay the costs of treatment

as directed by the probation officer.

The special assessment fee of $400.00 is imposed, due and payable 

immediately.

Defendant has no ability to pay a fine, and the fine is waived. 

Court makes a recommendation that the Defendant be incarcerated

at a facility appropriate to his security designation located within the

State and District of Colorado.

Defendant advised of his right to appeal his conviction, as well as the sentence

imposed.

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

11:12 a.m. Court in Recess

Hearing concluded

Time: 1 hour and 9 minutes

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