Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cr-00404-PSF

Document 177

Filed 04/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00404-PSF UNITED STATES OF AMERICA, Plaintiff, v. 1. JESUS BORJAS-ALVAREZ, 2. ISAUL VILLALOBOS-RUIZ, and 3. HEBER RUIZ-CORRAL, Defendants.

GOVERNMENT'S MOTION TO PERMIT DELIVERY OF ADVANCED PLEA DOCUMENTS TO COURT WITHIN 24 HOURS OF CHANGE OF PLEA

Comes now the United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, and without defense opposition, makes this motion to deliver the Plea Agreement and Statement in Advance of Plea to the Court within 24 hours of the change of plea in this case, as follows: 1. The change of plea in this case has been continued numerous times. The

reason for that continuance is that the Defendant's plea terms need to be modified based on his cooperation, which is continuing. 2. The parties hope and intend to present a plea agreement to the Court that is on

terms quite favorable to the Defendant, but, the parties believe, entirely warranted. The problem is, Government counsel must obtain certain supervisory approval for that to take place. Frankly,

Case 1:04-cr-00404-PSF

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because the Government has been on drug "new case" duty this week, he has found it difficult to obtain the necessary approval. 3. The Government anticipates that it will obtain the approval of the plea agreement

by the close of business on Monday, April 24. Therefore, the Government asks that it be allowed to provide the copies of the plea agreement to the Court sometime during Tuesday, April 25, or within 24 hours of the already scheduled change of plea date. WHEREFORE, premises considered, the United States respectfully requests the relief sought herein. DATED this 21st day of April, 2006 Respectfully submitted, WILLIAM J. LEONE United States Attorney

By:

s/Mark J. Barrett MARK J. BARRETT Assistant United States Attorney United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 e-mail: [email protected] Attorney for Government

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Case 1:04-cr-00404-PSF

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Filed 04/21/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of April, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION TO PERMIT DELIVERY OF ADVANCED PLEA DOCUMENTS TO COURT WITHIN 24 HOURS OF CHANGE OF PLEA with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Stanley Marks [email protected]

s/Maggie E. Grenvik Maggie E. Grenvik United States Attorney's Office Legal Assistant to Mark Barrett U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0154 Fax: (303) 454-0401 e-mail: [email protected]

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