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: Michelle Means

Criminal Action No. 11-cr-00433-REB

Parties: Counsel:

UNITED STATES OF AMERICA,

Plaintiff,

v.

Kurt J. Bohn

1. ANTHONY C. JONES,

Defendant.

LaFonda R. Traore

SENTENCING MINUTES

11:31 a.m. Court in session.

Change of Plea Hearing - February 24, 2012, at 10:00 a.m.

Plea of Guilty - Count One of Indictment.

Appearances of counsel.

Defendant is present in custody.

Court’s opening remarks.

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.

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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.

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;

• 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

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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: Defendant’s Motion to

Withdraw Guilty Plea [ECF Doc. No. 27], filed July 12, 2012, is

WITHDRAWN; Defendant’s Motion for a Variant Sentence Below the

Advisory Guideline Range [ECF Doc. No. 39], filed March 15, 2013, is

DENIED; Government’s oral motion for a one offense level decrease for

acceptance of responsibility under U.S.S.G. § 3E1.1(b) is GRANTED;

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

Count One of the Indictment;

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 77 months;

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

supervised release for a term of 3 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);

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• 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 at defendant’s expense, the defendant shall, unless then

indigent, undergo a alcohol substance abuse evaluation, and

thereafter, at defendant’s expense receive any treatment,

therapy, counseling, testing or education prescribed by the

evaluation or as directed by defendant’s probation officer or

as ordered by the court; that defendant shall abstain from

the use of alcohol or other intoxicants during the course of

any such treatment, therapy, counseling, testing, or

education; provided, furthermore, that to ensure continuity of

treatment, the probation department is authorized to release

mental health records and reports of the defendant and the

PSR to any person or entity responsible for or involved in the

treatment, therapy, counseling, testing, or education of the

defendant;

7. That no fine 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;

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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 this court recommends that the Bureau of Prisons designate the

defendant to a federal correctional facility or institution within the State and

District of Colorado;

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.

12:10 p.m. Court in recess.

Total time in court: 00:39

Hearing concluded.

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