IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Date: March 15, 2013

Courtroom Deputy: Robert R. Keech

Court Reporter: Tracy Weir

Interpreter: N/A

Probation Officer: Veronica Ramirez

Criminal Action No. 11-cr-00422-REB

Parties: Counsel:

UNITED STATES OF AMERICA,

Plaintiff,

v.

M. J. Menendez

4. RICHARD CROSSE, a/k/a Richard

Cross,

Defendant.

Patrick L. Ridley

Darlene A. Bagley

Kristen M. Frost

SENTENCING MINUTES

1:36 p.m. Court in session.

Change of Plea Hearing - October 8, 2012, at 9:00 a.m.

Plea of Guilty - Count One of Information.

Appearances of counsel.

Defendant is present in custody.

Court’s opening remarks.

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Pursuant to 18 U.S.C. § 3552 and Fed. R. Crim. P. 32, the Probation Department has

conducted a presentence investigation and has filed a presentence report and addenda.

Counsel for the government confirms that counsel has read the presentence report and

addenda.

Counsel for the defendant informs the court that counsel has read and discussed the

presentence report and addenda with the defendant.

Defendant’s counsel makes a statement on behalf of the defendant, offers information

in mitigation of punishment, comments on the probation officer’s sentencing guideline

applications and calculations, and comments on matters relating to the appropriate

sentence.

Defendant is sworn.

Statement by the defendant.

Statement by counsel for the government.

The court has considered all relevant matters of fact and law, including the following:

• The parties’ plea agreement under USSG § 6B1.2, including the parties’

written stipulation of facts relevant to sentencing under USSG § 6B1.4(a);

• The nature and circumstances of the offense(s) – focusing on “the real

conduct” – for which the defendant is being sentenced;

• The history and characteristics of the offender;

• The authorized sentences under 18 U.S.C. § 3551;

• The presentence report and any addendum;

• The basic purposes of criminal punishment: deterrence; incapacitation;

just punishment; and rehabilitation as declared in the Sentencing Reform

Act of 1984;

• The purposes and goals of sentencing as prescribed by Congress at 18

U.S.C. § 3553(a)(2);

• The factors to be considered in imposing sentence pursuant to 18 U.S.C.

§§ 3582(a) and 3553(a)(1)-(7);

• The constitutional and relevant provisions of the advisory USSG;

• The kinds of sentence and the sentencing range established under the

USSG for the applicable category of offense committed by the applicable

category of defendant pursuant to 18 U.S.C. § 3553(a)(4);

• The need to avoid unwarranted sentencing disparities by “ensuring similar

sentences for those who have committed similar crimes in similar ways,”

Booker; 

• The need to restitute victims;

• The pertinent policy statements of the US Sentencing Commission;

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• The need to impose sentences that satisfy the needs and requirements of

18 U.S.C. § 3553(a)(2);

• The advancement of the seminal congressional goals of honesty,

uniformity, and proportionality in sentencing; 

• The principle and requirement codified at 18 U.S.C. § 3553(a), to impose

a sentence that is sufficient, but not greater than necessary, to achieve the

congressional goals and purposes of sentencing; 

• The propriety or necessity of imposing concurrent or consecutive

sentences after considering the provisions of 18 U.S.C. § 3584(a) and (b);

• The position of the government, the defendant, and the probation

department;

• The evidence presented, reasons stated, arguments advanced, authorities

cited by the parties in their papers and during their oral argument and

presentation.

The court makes a sentencing statement pursuant to 18 U.S.C. § 3553(c) and enters

findings of fact, conclusions of law, judgment(s) of conviction, sentence(s), and orders.

IT IS ORDERED as follows:

1. That the plea agreement of the parties as presented in Court’s Exhibits 1

and 2 is formally approved;

2. That the pending motions are resolved as follows: Government’s Motion

to Dismiss Counts One and Two [ECF Doc. No. 177], filed December 21,

2012, is GRANTED. Government’s Motion for Downward Departure for

Substantial Assistance Under United States Sentencing Guideline Section

5K1.1 [ECF Doc. No. 178], filed December 21, 2012, is DENIED AS

MOOT. Government’s Motion to Amend Government’s Motion for

Downward Departure Pursuant to U.S.S.G. § 5K1.1 Found at Docket

Number 178 [ECF Doc. No. 215], filed March 8, 2013, is GRANTED IN

PART and DENIED IN PART as outlined by the Court on the record.

Defendant Richard Crosse’s Sentencing Memorandum and Request for

Variant Sentence [ECF Doc. No. 179], filed December 21, 2012, is

DENIED. Government’s Motion for Reduction in Base Offense Level

Pursuant to U.S.S.G. §3E1.1(b) [ECF Doc. No. 217], filed March 11, 2013,

is GRANTED.; 

3. That judgment of conviction under Fed. R. Crim. P. 32(k) is entered on

Count One of the Information;

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4. That pursuant to the Sentencing Reform Act of 1984, it is the judgment

and sentence of this court that the defendant is committed to the custody

of the Bureau of Prisons to be imprisoned for a term of TIME SERVED;

5. That on release from imprisonment, the defendant shall be placed on

supervised release for a term of 4 years; provided furthermore, that within

72 hours of defendant’s release from imprisonment and the custody of the

Bureau of Prisons, the defendant shall report in person to the U.S. 

probation department within the district to which he is released;

6. That while on supervised release, the defendant shall comply with the

following conditions of supervised release:

• all mandatory conditions of supervised release, prescribed by law

at 18 U.S.C. § 3583(d) and USSG §5D1.3(a);

• all standard conditions of supervised release approved and

imposed by this court in all such cases and circumstances; and

• the following explicit or special conditions of supervised release:

• that the defendant shall not violate any federal, state, or

municipal statute, regulation, or ordinance in any jurisdiction

or place where defendant may be during the term of

supervised release;

• that the defendant shall not possess or use illegally

controlled substances;

• that the defendant shall not possess or use any firearm or

destructive device as defined under federal law at 18 U.S.C.

§ 921;

• that the defendant shall cooperate in the collection of a

sample of defendant’s DNA;

• that the defendant shall submit to one drug test within fifteen

(15) days from defendant’s release from imprisonment, as

directed by the probation department, and thereafter, to at

least two periodic tests for the use of controlled substances

as directed and determined by the court;

• that defendant shall continue to receive the treatment,

therapy, counseling, testing, and education deemed

reasonably necessary by his probation officer for his alcohol

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abuse;

• that defendant shall abstain from the use of alcohol and all

other intoxicants during the course of any such treatment,

therapy, counseling, testing, or education and that to ensure

continuity of treatment, the probation department is

authorized to release all records of defendant, including the

presentence report, to any person or entity involved in or

responsible for such treatment, therapy, counseling, testing,

or education;

• that defendant shall not enter or remain upon premises

which has a primary business activity of the sale of alcoholic

beverages, including, but not limited to liquor stores, bars,

pubs, saloons, lounges, etc;

• that defendant shall not drive or operate a motor vehicle on

the streets or highways of the State of Colorado without a

current operator’s license, registration, and proof of

insurance;

• that he shall be committed to a halfway house for a term of

90 days as soon as those arrangements can be made by his

probation officer, and, while there, he shall comply

unconditionally with all rules, regulations, policies, directives,

orders, and contractual provisions, if any, of that halfway

house;

• that on his release of that halfway house and in lieu of

further imprisonment, he shall be subject to home detention

for a term of six months. During this time, he shall remain in

or near his principal place of residence, except for activities

expressly approved by his probation officer, including, but

not limited to employment, medical treatment, or evaluation,

treatment, therapy, counseling, testing, and education for

alcohol abuse and other activities;

• that home detention shall be subject to electronic monitoring

requiring defendant to cooperate fully with his probation

officer to facilitate and implement home detention. This will

require at least two things, a telephone service free of all

glitter and gadgets. No modems, no cordless phones, no

answering machines, and it will require defendant, at his

expense, to wear all electronic equipment required to effect

electronic monitoring.

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7. That a fine of $10,000.00 is imposed;

8. That the defendant shall pay forthwith a special victim’s fund assessment

fee of $100.00 for each count of conviction for a total of $100.00;

9. That the mandatory drug-testing provisions of 18 U.S.C.. § 3583(d) are

imposed;

10. That presentence confinement credit shall be determined by the Bureau of

Prisons under 18 U.S.C. § 3585; 

11. That an order and judgment of forfeiture shall be entered pursuant to the

plea agreement of the parties and the admission of the defendant of the

forfeiture allegation of the Indictment and under the authority of Fed. R.

Crim. P. 32.2(b)(3) and the statutory provisions of 21 U.S.C. § 853(c);

12. That the defendant is remanded to the custody of the United States

Marshal.

Parties state they have no objections to the sentence imposed.

The defendant is advised of the right to appeal the sentence imposed by the court.

3:04 p.m. Court in recess.

Total time in court: 1:28

Hearing concluded.

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