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 United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
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
Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
,
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, Krieger graduated from
Lewis and Clark College
Lewis & Clark College is a private liberal arts college in Portland, Oregon. Originally chartered in 1867 as the Albany Collegiate Institute in Albany, Oregon, the college was relocated to Portland in 1938 and in 1942 adopted the name Lewis & C ...
with her
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
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 in ...
with a
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
in 1979.
Legal career
Following law school graduation, Krieger worked in private practice in
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
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: University of Colorado Boulder, University of Colorado Colorado Springs, University of Colorado Denver, and the University of Co ...
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
Daniel B. Sparr, who assumed
senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
. 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
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on March 3, 2019.
Notable cases
Two years into her judgeship, 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 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 on bail bu ...
and three years'
supervised release 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 is typically a person who murders three or more persons,A
*
*
*
* with the murders taking place over more than a month and including a significant period of time between them. While most authorities set a threshold of three ...
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 Unit ...
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 durin ...
'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 information ...
charges. Nacchio's legal team claimed that testimony former Qwest
Chief Financial Officer
The chief financial officer (CFO) is an officer of a company or organization that is assigned the primary responsibility for managing the company's finances, including financial planning, management of financial risks, record-keeping, and financ ...
Robin Szeliga gave in a
civil lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
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
*
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
21st-century American judges
University of Colorado faculty
Judges of the United States bankruptcy courts
21st-century American women judges