Free Motion to Expedite - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 513

Filed 04/09/2006

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action No. 04-CR-433-4-WM UNITED STATES OF AMERICA, Plaintiff, vs. 1. 2. 3. 4. 5. 6. 7. 8. 9. JORGE LUIS-CORONA, HECTOR VIDANA-SEPULVEDA, HUMBERTO MARTINEZ, RAUL BELTRAN-FRANCO, RAFAEL SAENZ-ORTIZ, ADRIAN GAONA, SULEMA GUERRERO-ONTIVEROS, RAMON QUINTANA, MARIBEL GARCIA,

Defendants. ______________________________________________________________________________ MOTION TO ACCELERATE SENTENCING HEARING SETTING ______________________________________________________________________________ Defendant, Raul Beltran-Franco, whose real name is Raul Franco-Beltran, by counsel, moves the court to accelerate the sentencing hearing setting in his case and states: 1. A sentencing hearing was held on October 14, 2005, when Mr. Franco-Beltran

was then represented by attorney Sally Wheeler. At that hearing, the Court rejected the plea and continued the case for a status conference on November 18, 2005. See Dkt. #455. 2. Ms. Wheeler subsequently withdrew from representation of Mr. Franco-Beltran

and the Court appointed the undersigned as his counsel. See Dkt. # 372 and #385.

Case 1:04-cr-00433-WDM

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Filed 04/09/2006

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3.

On March 10, 2006, Mr. Franco-Beltran pled guilty pursuant to a revised plea

agreement with the government. [Dkt. #498]. The Court scheduled sentencing for June 15, 2006, at 11:00 a.m. [Dkt. #497]. The Court further noted that, if the U.S. Probation Office did not require that much time to conduct further presentence investigation and to supplement the presentence investigation report that was prepared on September 9, 2005, and the addendum thereto, the parties could request that the sentencing hearing occur earlier than June 15, 2006. 4. On March 30, 2006, the U.S. Probation Officer transmitted the second addendum

to the presentence report to counsel. The undersigned has reviewed the second addendum with Mr. Franco-Beltran and has notified U.S. Probation Officer Lisa Pence and AUSA Holloway of a typographical error in the report which will be corrected before submission to the Court. 5. The parties are otherwise prepared to proceed to sentencing and Mr. Franco-

Beltran requests that the Court accelerate the sentencing hearing setting so that he may be sentenced without further delay before June 15, 2006. 6. The undersigned suggests that the Court direct the parties to contact chambers at a

specified time to reset the sentencing hearing to an earlier date consistent with the Court's calendar and counsels' availability. Dated: April 9, 2006 MARTHA H. ESKESEN, P.C.

s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 501 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] Attorney for Raul Beltran-Franco

Case 1:04-cr-00433-WDM

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Filed 04/09/2006

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 9, 2006, I electronically filed the foregoing MOTION TO ACCELERATE SENTENCING HEARING SETTING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Gregory Holloway, AUSA Email: [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: Lisa Pence U.S. Probation Officer U.S. Probation Office By Facsimile (303) 844-5439

MARTHA H. ESKESEN, P.C.

s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 501 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected]