Free Notice (Other) - District Court of Colorado - Colorado

Case 1:01-cr-00433-WYD

Document 37

Filed 07/17/2007

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action No. 01-cr-00159-WYD, 01-cr-00433-WYD, 06-cr-00462-WYD UNITED STATES OF AMERICA, Plaintiff, vs. 1. CRUZ ARTURO AGUIRRE-CORDERO, a/k/a Jose Morales-Mosqueda,

Defendant. ______________________________________________________________________________ DEFENDANT'S NOTICE REGARDING CALCULATION OF TERM OF IMPRISONMENT ______________________________________________________________________________ Defendant, Cruz Arturo Aguirre-Cordero, by his court-appointed counsel, Martha H. Eskesen of MARTHA H. ESKESEN, P.C., hereby provides the following information to the Court, government counsel and the Probation Office to clarify the matters raised at the sentencing hearing on July 16, 2007, with respect to the sentence of imprisonment imposed in the above-captioned cases: 1. These matters were before the Court for sentencing in Case No. 06-cr-00462-

WYD, and for hearing on supervised release violations in 01-cr-00159-WYD and 01-cr-00433WYD. 2. The Court imposed sentence as follows: 06-cr-00462-WYD: a sentence of 51 months imprisonment followed by three years supervised release.

Case 1:01-cr-00433-WYD

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01-cr-00159-WYD: a sentence of 18 months imprisonment concurrent to the sentence of imprisonment in 01-cr-00433-WYD and consecutive to the sentence of imprisonment in 06-cr-00462-WYD. 01-cr-00433-WYD: a sentence of 10 months imprisonment concurrent to the sentence of imprisonment in 01-cr-00159-WYD and consecutive to the sentence of imprisonment in 06-cr-00462-WYD. 3. At the sentencing hearing, there was colloquy concerning the recommendation for

imposition of presentence confinement credit. The Court requested that the U.S. Probation Officer look into the matter and insure that the judgment orders properly reflect the amount of credit. 4. Presentence confinement credit is determined by the U.S. Bureau of Prisons.

Pursuant to 18 U.S.C. § 3585 (b) Credit for prior custody.--A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences ­ (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence. 18 U.S.C. § 3585(b).

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Case 1:01-cr-00433-WYD

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5.

Based on the statute and the Court's judgment, Mr. Aguirre-Cordero, requests the

judgment order simply state as follows: "The Court recommends that the Bureau of Prisons credit the defendant with all applicable presentence confinement." Dated: July 17, 2007 MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] Attorney for Cruz Arturo Aguirre-Cordero

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Case 1:01-cr-00433-WYD

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Filed 07/17/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on July 17, 2007, I electronically filed the foregoing DEFENDANT'S NOTICE REGARDING CALCULATION OF TERM OF IMPRISONMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Joseph Mackey, AUSA [email protected] [email protected]

And I hereby certify that I have mailed or served the foregoing document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc) indicated by the non-participant's name: Keith Williams U.S. Probation Officer [email protected] Gary Burney U.S. Probation Officer [email protected] MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected]

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