Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1846

Filed 07/24/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00CR-531-WYD-02 UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN Defendant.

GOVERNMENT'S UNOPPOSED MOTION TO AMEND THE SECOND AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY FOR RUDY CABRERA SABLAN

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, respectfully requests that the Court allow the government to amend its Second Amended Notice of Intent to Seek the Death Penalty with regard to Rudy Sablan. As grounds therefor, the government states as follows: 1. The government seeks, based on the Court's Order of July 6, 2006, to strike the convictions alleged at Section B, paragraphs 1 a and b, of the Second Amended Notice as the statutory aggravating factor of "Previous Conviction of Other Serious Offenses" and add both to Section C, the non-statutory aggravating factor of future dangerousness. The Court has ruled that the conviction listed at paragraph B 1 a, Criminal case number 67F-

Case 1:00-cr-00531-WYD

Document 1846

Filed 07/24/2006

Page 2 of 4

87, found at page 3 of the Second Amended Notice, a conviction for aggravated assault in Guam in 1987, does not qualify under this statutory aggravator, because it is not a state or federal offense as required under 18 U.S.C. §3592 (c)(4). Two or more prior felonies involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person are required under §3592 (c)(4) in order to allege this statutory aggravating factor. Therefore, the conviction alleged at paragraph B 1 b is insufficient to qualify. Both convictions remain relevant, however, on the issue of the future dangerousness of Rudy Sablan. 2. The addition of these convictions to the allegation of future dangerousness will not prejudice the defendant. 3. Government counsel has conferred with Forrest Lewis, defense counsel for Rudy Sablan, and Mr. Lewis has no objection to the amendments sought. WHEREFORE, the government respectfully requests that the Court find that good cause has been shown to allow the government to amend its Second Amended Notice as described above and as reflected in the government's Third Amended Notice of Intent to Seek the Death Penalty with regard to Rudy Sablan, attached hereto.

Case 1:00-cr-00531-WYD

Document 1846

Filed 07/24/2006

Page 3 of 4

Respectfully submitted this 24 th day of July, 2006, WILLIAM J. LEONE United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

Case 1:00-cr-00531-WYD

Document 1846

Filed 07/24/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO AMEND THE SECOND AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY ROF RUDY CABRERA SABLAN with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Attorneys for William Sablan Patrick J. Burke [email protected]

Attorneys for Rudy Sablan Donald R. Knight [email protected] Forrest W. Lewis [email protected]

Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected]

Dean Steven Neuwirth [email protected]

s/ Dorothy Burwell DOROTHY BURWELL Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0400 E-mail address [email protected]