IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

JUDGE R. BROOKE JACKSON

Courtroom Deputy: Laura Galera

Court Reporter: Kara Spitler

Date: February 24, 2012

Probation: Katrina Devine

Criminal Action No. 11-cr-00416-RBJ-1 

Parties:

UNITED STATES OF AMERICA,

Plaintiff,

v.

MALCOLM REID MCDONALD, JR., 

Defendant.

Counsel:

Kurt Bohn

Edward A. Pluss

SENTENCING MINUTES

9:10 a.m. Court in session.

Appearances of counsel.

Defendant is present in custody.

Defendant entered his plea of GUILTY on December 9, 2011 to Count One of the Indictment. 

Argument by Mr. Pluss as to sentencing and the Request for Variance from Guideline Sentence

Pursuant to 18 U.S.C. § 3553(a) Doc.# [17].

Argument by Mr. Bohn as to sentencing and the Request for Variance from Guideline Sentence

Pursuant to 18 U.S.C. § 3553(a) Doc.# [17].

Statement by Mr. McDonald as to sentencing.

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

guidelines range.

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Court states its findings and conclusions.

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

ORDERED: Request for Variance from Guideline Sentence Pursuant to 18 U.S.C. § 3553(a)

Doc.# [17] is DENIED.

ORDERED: Defendant shall be imprisoned for a term of SIXTY-THREE (63) months.

Court RECOMMENDS that defendant receive credit for 225 days spent in custody.

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

release for a period of THREE (3) 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) Defendant shall not commit another federal, state or local crime.

(X) Defendant shall not illegally possess controlled substances.

(X) Defendant shall not possess a firearm or destructive device.

(X) Defendant shall comply with standard conditions recommended by U.S.

Sentencing Commission.

(X) Defendant shall refrain from the unlawful use of 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. 

ORDERED: Special Condition of Supervised Release that:

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

treatment for (drug/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 comply with the terms and conditions for payment of the 

special assessment imposed by this judgment.

(X) Defendant shall pay any special assessment imposed by this judgment, and that

remains unpaid at the commencement of the term of supervised release.

ORDERED: Defendant shall pay $100 to Crime Victim Fund (Special Assessment), to be

paid immediately. 

ORDERED: No fine is imposed because defendant has no ability to pay a fine.

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ORDERED: Defendant advised of his right to appeal.

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

9:43 a.m. Court in recess. 

Hearing concluded.

Total Time: 00:33

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