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Sentencing Hearing — No. 1:22-cr-00324 (Dkt. 44, D. Colo.)

Summary

Courtroom minutes of a sentencing hearing held July 14, 2023 before Judge Nina Y. Wang, filed as Document 44 in United States v. Edward Baker Harrington, Criminal Action No. 22-cr-00324-NYW-1, in the U.S. District Court for the District of Colorado. The minutes record that the court granted in part and denied in part the defendant's motion for a non-guideline sentence [Doc. 35], granted the government's motion to dismiss Counts 2-8 and 10-13 [Doc. 39], and accepted the plea agreement. They record 51 months of imprisonment on Count 1 and Count 9, concurrently, three years of supervised release, restitution of $1,078,033.50 and forfeiture of a money judgment of $1,012,797.95.

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“Sentencing Hearing — No. 1:22-cr-00324 (Dkt. 44, D. Colo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-hearing-no-1-22-cr-00324-dkt-44-d-colo-b527f78ea0/, SHA-256 0d77a270825fd9dc0693d57d01d9eb58ab9bae06763344a2317be619e30cc0b2.

Full text

Case No. 1:22-cr-00324-NYW Document 44 filed 07/14/23 USDC Colorado pg 1 of 2




                          IN THE UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF COLORADO
                                   JUDGE NINA Y. WANG


Criminal Action: 22-cr-00324-NYW-1                          Date: July 14, 2023
Courtroom Deputy: Emily Buchanan                            Court Reporter: Darlene Martinez
Probation Officer: Paige Meador

                Parties                                               Counsel

 UNITED STATES OF AMERICA,                                            Nicole Cassidy
                                                                      Martha Paluch
        Plaintiff,

 v.

 1. EDWARD BAKER HARRINGTON,                                          Mary Butterton

        Defendant.


                                   COURTROOM MINUTES


SENTENCING HEARING

1:02 p.m.      Court in session.

Appearances of counsel. Defendant present on bond.

Discussion and argument regarding objections to the presentence report, pending motions, and
sentencing recommendations.

Statement by Defendant.

Statement by the Court regarding Defendant's offense level, criminal history level, and sentencing
guidelines range.

Court states its findings of fact and conclusions of law.

ORDERED: Defendant’s Motion for Non-Guideline Sentence and Sentencing Statement
         [Doc. 35] is GRANTED in part and DENIED in part.
Case No. 1:22-cr-00324-NYW Document 44 filed 07/14/23 USDC Colorado pg 2 of 2




ORDERED: United States’ Motion to Dismiss Counts 2–8 and 10–13 of the Indictment
         [Doc. 39] is GRANTED.

ORDERED: United States’ Motion to Decrease Offense Level by One Additional Level
         Pursuant to U.S.S.G § 3E1.1(b) [Doc. 40] is GRANTED.

ORDERED: Defendant shall be imprisoned for 51 months as to Count 1 of the Indictment
         and 51 months as to Count 9 of the Indictment, to be served concurrently.
         Upon release from imprisonment, Defendant shall be placed on supervised
         release for a term of 3 years as to Count 1 of the Indictment and 3 years as to
         Count 9 of the Indictment, to be served concurrently.

ORDERED: Conditions of Supervised Release, as stated on the record.

ORDERED: Defendant shall pay a $200.00 Special Assessment fee, to be paid immediately.
         No fine is imposed.

ORDERED: Restitution is ordered in the amount of $1,078,033.50, to be paid immediately.
         Interest is imposed on the restitution. Any unpaid restitution balance upon
         release from incarceration shall be paid in monthly installment payments
         during the term of supervised release. The monthly installment payments will
         be calculated as at least 10 percent of the Defendant’s gross monthly income.

ORDERED: Defendant’s Oral Motion to Allow His Restitution Payments to be Suspended
         During the Term of Incarceration is DENIED.

ORDERED: Defendant shall forfeit any interest in the money judgment in the amount of
         the proceeds of the offenses of conviction, which is $1,012,797.95, which does
         not include interest or lender processing fees, to the United States.

ORDERED: The Plea Agreement is hereby accepted.

ORDERED: Defendant is directed to surrender to the institution designated by the Bureau
         of Prisons within 15 days of the date of designation.

Defendant advised of right to appeal.

Court recommends that the Bureau of Prisons place Defendant at a facility within the District of
Colorado that is commensurate with his security classification.

2:56 p.m.      Court in recess.

Hearing concluded.
Total time in court:   1:54

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