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Home Source documents Courtroom Minutes — United States v. Michael Lain, No. 21-cr-175-WJM (Dkt. 16, D. Colo.)

Courtroom Minutes — United States v. Michael Lain, No. 21-cr-175-WJM (Dkt. 16, D. Colo.)

Summary

These courtroom minutes record a change of plea hearing on June 28, 2021 before U.S. District Judge William J. Martínez in United States v. Michael Lain, Criminal Action No. 21-cr-175-WJM (D. Colo.). The defendant, present on bond, pleaded guilty to Count 1 of the Information and admitted the forfeiture allegation; the Court accepted the plea and received the Plea Agreement and the Statement by Defendant in Advance of Plea of Guilty as Court's Exhibits 1 and 2. The Court ordered a presentence investigation report, set sentencing for December 3, 2021 at 11:00 a.m., vacated all other settings and denied pending motions as moot. Finding the defendant unlikely to flee or to endanger the community, the Court continued the defendant's bond. The hearing ran from 10:33 a.m. to 11:04 a.m.

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Full text

                      IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLORADO
                               Judge William J. Martínez

Date:             June 28, 2021
Courtroom Deputy: Anna Frank
Court Reporter:   Mary George


 Criminal Action No. 21-cr-175-WJM                        Counsel:

 UNITED STATES OF AMERICA,                                Pegeen Rhyne

        Plaintiff,

 v.

 1. MICHAEL LAIN,                                         Sabra Barnett

        Defendant.


                                 COURTROOM MINUTES


Change of Plea Hearing

10:33 a.m.     Court in session.

Appearances of counsel. Defendant is present on bond. Also seated at the
Government’s table is Special Agent Christopher Watson and Special Agent Benjamin
Klappert.

Defendant sworn.

Defendant advised of maximum penalties.

Defendant's right to trial by jury and other constitutional rights explained.

Defendant pleads guilty to Count 1 of the Information and admits the forfeiture
allegation.

ORDERED: Court’s Exhibit 1 - Plea Agreement and Court’s Exhibit 2 - Statement by
         Defendant in Advance of Plea of Guilty are received into evidence.

ORDERED: Defendant’s plea of guilty to Count 1 is ACCEPTED.
ORDERED: The U.S. Probation Office shall prepare a Presentence Investigation
         Report and Sentencing Statement. In accordance with this Court’s
         Revised Practice Standards, all motions for a sentencing departure, for a
         statutory variant sentence outside the advisory guideline range, for a
         change in offense level, to dismiss counts or the indictment, or for
         acceptance of responsibility, must be filed no later than 14 days prior to
         the date of the sentencing hearing. Responses to such motions must be
         filed at least 7 days prior to the date of the sentencing hearing.
         Sentencing-related filings not in compliance with these deadlines may
         result in a continuance of the sentencing hearing.

ORDERED: Sentencing is set for December 3, 2021 at 11:00 a.m.

ORDERED: All hearings and settings in this case other than the Sentencing date are
         hereby vacated. Any pending motions are hereby denied as moot.

ORDERED: The Court finds by clear and convincing evidence that the defendant is
         unlikely to flee, nor does he pose a danger to the safety of the community,
         and the defendant meets the requirements of having exceptional
         circumstances to remain on bond. Defendant’s bond is continued.

11:04 a.m.    Court in recess.

Total time in court: 0:31

Hearing concluded.

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