Marcia S. Krieger
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Marcia Smith Krieger (born March 3, 1954) is a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the District of Colorado The United States District Court for the District of Colorado (in case citations, D. Colo. or D. Col.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are a ...
.


Early life and education

Born in
Denver, Colorado Denver ( ) is a List of municipalities in Colorado#Consolidated city and county, consolidated city and county, the List of capitals in the United States, capital and List of municipalities in Colorado, most populous city of the U.S. state of ...
, Krieger graduated from
Lewis and Clark College Lewis & Clark College is a private liberal arts college in Portland, Oregon. It was founded in 1867 and is situated on the historic M. Lloyd Frank Estate in South Portland's Collins View neighborhood. It is composed of three distinct but adja ...
with her
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in 1975 and later from
University of Colorado School of Law The University of Colorado Law School is one of the professional graduate schools within the University of Colorado System. It is a public law school, with more than 500 students attending and working toward a Juris Doctor or Master of Studies i ...
with a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
in 1979.


Career

Following law school graduation, Krieger worked in private practice in
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
from 1979 to 1994. In 1994 she became a United States Bankruptcy Judge for the District of Colorado where she worked until her nomination to the federal bench in 2002. Krieger was also an Adjunct lecturer for the
University of Colorado The University of Colorado (CU) is a system of public universities in Colorado. It consists of four institutions: the University of Colorado Boulder, the University of Colorado Colorado Springs, the University of Colorado Denver, and the U ...
from 1999 to 2001.


Federal judicial career

Krieger was nominated to the United States District Court for the District of Colorado by President George W. Bush on September 10, 2001 to a seat vacated by Judge Daniel B. Sparr, who assumed senior status. Krieger was confirmed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on January 25, 2002 and received her commission on January 30, 2002. She served as the chief judge from January 1, 2013 to March 3, 2019. She assumed senior status on March 3, 2019.


Notable cases

In 2003, Krieger sentenced
Scott Lee Kimball Scott Lee Kimball (born September 21, 1966) is a convicted serial killer, con man and fraudster from Boulder County, Colorado, who murdered at least four people over a two-year period; investigators strongly suspect him in as many as 21 other un ...
to
time served In typical criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served ...
and three years'
supervised release Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole of ...
for passing bad checks in Alaska, as well as full restitution and a $5,000 fine, per a plea agreement between him and the government that took into account Kimball's service up to that point as an FBI informant. Unbeknownst to her, the FBI or anyone else involved in his case, Kimball had already committed three of the four
serial murder A serial killer (also called a serial murderer) is a person who murders three or more people,An offender can be anyone: * * * * * (This source only requires two people) with the killings taking place over a significant period of time in separat ...
s he would later plead guilty to; he is currently serving a 70-year sentence. At the sentencing, Krieger expressed some reservations about Kimball's reticence about his own financial situation in the face of his willingness to inform on others, but since she could not find any legal precedent for refusing the downward departure from the
Federal Sentencing Guidelines The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the Unite ...
the prosecution asked for in exchange for his demonstrated cooperation, she granted it. In 2010, Krieger denied a new trial for former
Qwest Qwest Communications International, Inc. was a United States telecommunications carrier. Qwest provided local service in 14 western and midwestern U.S. states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dako ...
CEO
Joseph Nacchio Joseph P. Nacchio (born June 22, 1949 in Brooklyn, New York) is an American executive who was chairman of the board and chief executive officer of Qwest Communications International from 1997 to 2002. Nacchio was convicted of insider trading dur ...
's 2007 conviction of
insider trading Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
charges. Nacchio's legal team claimed that testimony former Qwest
Chief Financial Officer A chief financial officer (CFO) is an officer of a company or organization who is assigned the primary responsibility for making decisions for the company for projects and its finances; i.a.: financial planning, management of financial risks, ...
Robin Szeliga gave in a
civil lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...
related to the case differed from testimony given in the
criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
. Krieger disallowed the request on the basis that the testimony in the civil trial was not substantially different from the criminal trial and that minor differences were unlikely to result in an acquittal. In 2018, Krieger declined a request to return an imprisoned transgender woman, Lindsay Saunders-Velez, to her cell after her lawyers argued that the "punishment pod" she had been assigned to after a minor infraction housed several male inmates who had tormented her previously. Krieger said that the attorneys had not proved a risk of “imminent and irreparable injury”. Hours after the judge issued her ruling, Saunders-Velez was allegedly raped. She was taken to a hospital with rectal and other injuries. A nurse there noted that the alleged rapist might be HIV positive."Time" A Transgender Inmate Says She Was Raped in a 'Discriminatory and Dangerous' Colorado Men's Prison, May 3, 2018
/ref>


References


External links

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Marcia S. Krieger
{{DEFAULTSORT:Krieger, Marcia S. 1954 births Living people Lewis & Clark College alumni University of Colorado alumni Judges of the United States District Court for the District of Colorado United States district court judges appointed by George W. Bush University of Colorado faculty Judges of the United States bankruptcy courts 21st-century American women judges