IN THE UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF COLORADO

 JUDGE PHILIP A. BRIMMER

 COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks

Court Reporter: Janet Coppock

Probation Officer: Gary Kruck

Date: February 10, 2012

Time: 58 minutes

Interpreter: n/a

CASE NO. 11-CR-00370-PAB

Parties Counsel

UNITED STATES OF AMERICA, Lillian Alves

Plaintiff,

vs.

DANIEL PETURA, Brian Leedy

Defendant.

SENTENCING

3:02 p.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody.

ORDERED: The statement of facts in the Plea Agreement and the Presentence Report

are not disputed by the parties and are adopted in the Court's factual findings in this case.

The report is incorporated by reference as part of the Court’s findings and conclusions.

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Argument by Mr. Leedy in support of defendant’s Motion for Variant Sentence of 5 Years

Imprisonment (Doc #22), filed 1/26/12 and comments addressing sentencing.

Argument by Ms. Alves and comments addressing sentencing.

Defendant addresses the Court.

Statement by the Court regarding defendant's offense level, criminal history level and

sentencing guidelines range.

Court states its findings and conclusions.

ORDERED: Defendant’s Motion for Variant Sentence of 5 Years Imprisonment (Doc #22),

filed 1/26/12 is DENIED.

Defendant entered his plea on November 10, 2011 to count Two of the Indictment and

the Forfeiture Allegation. 

ORDERED: Defendant's plea of guilty is ACCEPTED.

ORDERED: Court ACCEPTS the Plea Agreement.

Court considers statutory factors of 18 USC § 3553(a) in arriving at sentence.

ORDERED: Defendant shall be imprisoned for 78 months.

Court RECOMMENDS that the Bureau of Prisons place the defendant at a facility within

the state of Colorado, with a substance abuse program and that he take advantage

of that program and also RECOMMENDS that he be allowed to participate in a

Residential Drug Abuse Program (RDAP).

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

release for a period of 10 years.

ORDERED: Conditions of Supervised Release that:

(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) While on supervised release, the defendant shall not commit another federal,

state, or local crime, shall not possess a firearm as defined in 18 U.S.C. §

921, and shall comply with the standard conditions that have been adopted

by this Court.

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(X) Defendant shall not unlawfully possess 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.

(X) Defendant shall cooperate in the collection of a DNA sample from the

defendant as directed by the probation officer. 

(X)

() Mandatory drug testing provisions of 18 U.S.C. § 3583(d) are WAIVED

because the presentence investigation report indicates a low risk of future

substance abuse by the defendant.

ORDERED: Special Condition of Supervised Release that:

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

and/or treatment for alcohol abuse as directed by the probation officer until

such time as 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. Defendant will be required to pay the cost of

treatment as directed by the probation officer.

(X) Defendant shall refrain from the use of alcohol throughout his period of

supervised release.

(X) Defendant shall participate in and successfully complete an approved

program of sex offender evaluation and treatment, which may include

polygraph and plethysmograph and Abel examinations, as directed by the

probation officer. The defendant will be required to pay the cost of these

evaluations and treatment. The defendant shall comply with the rules and

restrictions specified by the treatment agency. The Court authorizes the

probation officer to release psychological reports and/or the presentence

report to the treatment agency for continuity of treatment.

(X) The defendant’s use of computers and Internet access devices shall be

limited to those the defendant requests to use, and which the probation

officer authorizes. The defendant shall submit his person, and any property,

house, residence, vehicle, papers, computer, other electronic

communications or date storage devices or media, and effects to search at

any time, with or without a search warrant, by any law enforcement or

probation officer with reasonable suspicion concerning a violation of a

condition of supervised release or unlawful conduct by a person, and by any

probation officer in the lawful discharge of the officer’s supervision functions.

(X) The defendant shall allow the probation officer to install software/hardware

designed to monitor computer activities on any computer the defendant is

authorized by the probation officer to use. The software may record any and

all activity on the computer, including the capture of keystrokes, application

information, Internet use history, email correspondence, and chat

conversations. 

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 A notice will be placed on the computer at the time of installation to warn

others of the existence of the monitoring software on the computer. The

defendant shall not attempt to remove, tamper with, reverse engineer, or in

any way circumvent the software/hardware.

(X) Defendant shall no unsupervised contact with minors.

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.

ORDERED: Government’s Motion to Dismiss Count One (Doc #20), filed 12/14/11 is

GRANTED.

ORDERED: Defendant advised of right to appeal. Any notice of appeal must be filed

within 14 days.

ORDERED: A copy of the presentence report shall be forwarded to the U.S. Bureau of

Prisons and the U.S. Sentencing Commission.

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

4:00 p.m. COURT IN RECESS

Total in court time: 58 minutes

Hearing concluded

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