Free Motion for Downward Departure Pursuant to 5K1.1 - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 581

Filed 11/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00433-WDM-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. JORGE LUIS CORONA, a/k/a Feliciano Martinez, a/k/a "Caspas", Defendant.

GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO §5K1.1 OF THE SENTENCING GUIDELINES

COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, to respectfully submit, pursuant to the previously filed PLEA AGREEMENT AND STIPULATION OF FACTS and Section 5K1.1 of the United States Sentencing Guidelines , the following: 1. The defendant executed the before mentioned plea agreement by

entering a plea of guilty to Count One and Two of the Indictment, which charged the defendant with violations of Title 21 United States Code §§841 and 846. The plea agreement also contemplated the defendant's continued substantial assistance to the government in the investigation of the above captioned case. The defendant also provided information as to another case which helped in obtaining a plea. 2. The defendant has been debriefed by the government as to his role in the

instant offense.

Case 1:04-cr-00433-WDM

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3.

The government believes the debriefing of Mr. CORONA was truthful.

The government is aware of the difficulty presented when one is involved with giving up information about family members or close friends. CORONA was able to offer information concerning both. 4. The government believes that the defendant's cooperation may cause him

to be in danger while incarcerated. 5. Based on his cooperation with DEA, the government believes the

defendant has in good faith provided substantial assistance. 6. The government is aware of the findings contained in the presentence

report prepared for the Court, and, pursuant to the plea agreement, the government recommends a departure to 48 months. Respectfully submitted,

TROY A. EID United States Attorney

BY: s/ Gregory H. Rhodes GREGORY H. RHODES Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0310 FAX: (303) 454-0401 E-mail: [email protected] Attorney for Government

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CERTIFICATE OF SERVICE I certify that on this 28th day of November, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO §5K1.1 OF THE SENTENCING GUIDELINES with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mitchell Baker [email protected],[email protected] Richard James Banta [email protected],[email protected] Darren Randal Cantor [email protected] Martha Horwitz Eskesen [email protected] Matthew Rodney Giacomini [email protected],[email protected],[email protected] Gregory Allen Holloway [email protected],[email protected],Barbara.Gardalen@us doj.gov Michael Paul Litman [email protected] Robert S. McCormick [email protected],[email protected] Lisa Anne Polansky [email protected] Daniel Joseph Sears [email protected] Harvey Abe Steinberg [email protected],[email protected] Barrett Thomas Weisz [email protected],[email protected]

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and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner indicated: U.S. Probation s/Lisa Vargas LISA VARGAS Legal Assistant to James R. Boma Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]