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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

SENIOR JUDGE WILEY Y. DANIEL

Date: September 9, 2013

Courtroom Deputy: Kathleen Finney

E.C.R./Reporter: Tracy Weir

Probation: Justine Kozak

Interpreter: N/A

Criminal Case No: 11-cr-00431-WYD

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. QUINCY DUPREE DRAKE, a/k/a

Quincy Dupre Drake,

Defendant.

Counsel:

Kurt J. Bohn

Robert W. Pepin

SENTENCING

3:18 p.m. Court in Session - Defendant present (in-custody)

Change of Plea Hearing - April 17, 2013, at 11:00 a.m.

Plea of Guilty - Count One of Indictment.

APPEARANCES OF COUNSEL.

Court’s opening remarks.

3:19 p.m. Statement on behalf of Government (Mr. Bohn).

3:21 p.m. Statement on behalf of Defendant (Mr. Pepin).

3:23 p.m. Statement by Defendant on his own behalf (Mr. Drake).

Court makes findings.

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ORDERED: Government’s Motion to Grant the Defendant an Additional One-Level Decrease

Pursuant to U.S.S.G. § 3E1.1(b) [ECF Doc. No. 63], filed August 1, 2013, is

GRANTED.

ORDERED: Defendant’s Motion for Downward Departure and/or Variant Sentence [ECF Doc.

No. 57], filed June 24, 2013, is GRANTED.

ORDERED: Defendant be imprisoned for eighty-four (84) months.

Court RECOMMENDS that the Bureau of Prisons place the defendant in the least

restrictive facility within the State of Arizona, but in close proximity to either Phoenix or

Tucson.

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

release for a period of three (3) years.

ORDERED: Conditions of Supervised Release are:

(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 possess a firearm as defined in 18 U.S.C. § 921.

(X) Defendant shall comply with standard conditions adopted by the Court.

(X) Defendant shall not unlawfully possess a controlled substance.

(X) The 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 two

periodic drug tests thereafter for use of a controlled substance.

(X) The defendant shall cooperate in the collection of D.N.A. as directed by the

probation officer.

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ORDERED: Special Condition(s) of Supervised Release are:

(X) The defendant shall undergo a substance abuse evaluation if deemed

appropriate. He shall participate and successfully complete a program of testing

and/or treatment of substance abuse as approved by his probation officer until

such time as the defendant is released from the program by his probation

officer. The defendant shall abstain from the use of alcohol and other

intoxicants during the course of treatment and pay the costs of treatment as

directed by the probation officer.

(X) The defendant shall participate in and successfully complete a program of

mental health treatment, as approved by the probation officer, until such time as

the defendant is released from the program by the probation officer. The

defendant shall pay the cost of treatment as directed by the probation officer. 

The Court authorizes the probation officer to release to the treatment agency all

psychological reports and/or the presentence report for continuity of treatment.

(X) The defendant shall remain medication compliant and shall take all medications

that are prescribed by his treating psychiatrist. The defendant shall cooperate

with random blood tests as requested by his treating psychiatrist and/or

supervising probation officer to ensure that a therapeutic level of his prescribed

medications is maintained.

(X) The defendant shall submit his or her person, property, house, residence,

papers, or office, to a search conducted by a United States probation officer. 

Failure to submit to a search may be grounds for revocation of release. The

defendant shall warn any other occupants that the premises may be subject to

searches pursuant to this condition. An officer may conduct a search pursuant

to this condition only when reasonable suspicion exists that the defendant has

violated a condition of his supervision and that the areas to be searched contain

evidence of this violation. Any search must be conducted at a reasonable time

and in a reasonable manner.

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, cost of

incarceration or supervision.

ORDERED: Defendant advised of right to appeal the sentence imposed by the Court. Any

notice of appeal must be filed within fourteen (14) days. Defendant advised of

right to appeal in forma pauperis.

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

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3:46 p.m. Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 0:28

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