IN THE UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF COLORADO

 JUDGE WILLIAM J. MARTINEZ

 COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks

Court Reporter: Gwen Daniel

Probation Officer: Justine Kozak

Date: July 23, 2013

Time: one hour and 45 minutes

Interpreter: n/a

CASE NO. 11-CR-00376-WJM-2

Parties Counsel

UNITED STATES OF AMERICA, Suneeta Hazra

Lillian Alves

Plaintiff, Valeria Spencer

Tonya Andrews

vs.

2. BRANDON RICHTER, Pamela Mackey

Cleo Rauchway

Defendant.

SENTENCING

11:06 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present on bond.

Defendant is sworn.

Sentencing recommendation by Ms. Hazra.

Sentencing recommendation by Ms. Mackey.

Argument by Ms. Mackey in support of defendant’s Motion for Non-Guideline Sentence.

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Argument by Ms. Hazra in opposition.

Comments by Ms. Kozak.

Tim Markam addresses the Court on behalf of the defendant.

Chris Green addresses the Court on behalf of the defendant.

Dr. Lee McDonald addresses the Court on behalf of the defendant.

Defendant addresses the Court.

Court states its findings and conclusions.

ORDERED: Defendant’s Motion for Non-Guideline Sentence [Docket No. 321] is

GRANTED in PART.

Defendant was found GUILTY as to Counts 2, 7, 9 through 13, 15, and 16.

ORDERED: Defendant shall be imprisoned for 30 months on each count, to be

served concurrently.

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

supervised release for a period of 3 years on each count, to be served

concurrently.

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.

(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.

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(X) Defendant shall pay the fine, restitution and special assessment in

accordance with the payment plan to be approved by the Court and that

such payments be completed within the three-year period of supervised

release.

ORDERED: Special Conditions of Supervised Release are:

(X) 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 installment payment schedule.

(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) All employment must be approved in advance by the probation officer and

the defendant shall not engage in any business activity unless approved

by the probation officer. 

(X) All employment must be approved in advance by the probation officer and

the defendant shall not engage in any business activity unless approved

by the probation officer. 

(X) Defendant shall maintain business records for any approved business

activity and provide all documentation or records as requested by the

probation officer.

(X) Defendant shall maintain separate personal and business finances and

shall not co-mingle personal and business funds in any financial accounts,

including but not limited to bank accounts and lines of credit.

(X) Defendant shall document all income, compensation and financial support

generated or received from any source and provide such information to

the probation officer as requested.

ORDERED: Defendant shall pay $900.00 to Crime Victim Fund (Special

Assessment), to be paid immediately. 

ORDERED: Defendant shall pay a fine of $ 7,500.00.

ORDERED: Corporate defendant shall pay 80% of the amount due and owing in

restitution.

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ORDERED: Defendant shall make restitution as follows:

Name/Address of Victim Amount

Jefferson County $46,198.00

City of Boulder $ 1,652.00

El Paso County $ 6,463.00 

Summit County $ 4,592.00

City and County of Broomfield $ 514.00

Denver Newspaper Agency $10,725.00

It is recommended that restitution be ordered jointly and severally with the following

defendant:

Name Case Number 

EXECUTIVE RECYCLING, INC. 11-CR-00376-WJM-01

ORDERED: A forfeiture judgment in favor of the United States in the amount of

$142,241.10 shall enter in this case jointly and severally against

defendants Executive Recycling, Inc., and Brandon Richter.

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

within 14 days.

Argument by Ms. Mackey in support of the Defendant’s Motion for Release Pending

Appeal.

Argument by Ms. Hazra.

ORDERED: Defendant’s Motion for Release Pending Appeal [Docket No. 371] is

DENIED WITHOUT PREJUDICE.

ORDERED: Defendant may surrender voluntarily as follows: Report to the designated

institution 15 days after designation by the Bureau of Prisons.

ORDERED: Bond is continued.

12:51 p.m. COURT IN RECESS

Total in court time: 105 minutes Hearing concluded

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