Free Motion to Reduce Sentence - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 816

Filed 04/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00187-LTB-6 UNITED STATES OF AMERICA, Plaintiff, v. 6. SAUL BARRERA, Defendant. _____________________________________________________________________ GOVERNMENT'S MOTION FOR FURTHER SENTENCING REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE _____________________________________________________________________ The United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, hereby moves for a further sentencing reduction on behalf of the above defendant, pursuant to the provisions of Rule 35(b), showing unto the Court as follows: 1. This defendant was sentenced on August 24, 2005, to the custody of the Bureau of Prisons for a term of 31 months. This is to be followed by 5 years of supervised release and other conditions imposed by the Court. 2. As of the date of his sentencing, defendant Saul Barrera's cooperation was not yet completed as he was slated to testify against lead defendant Sergio Orona and co-defendant Javier Avitia. Defendant Sergio Orona entered a guilty plea in the interim and, due to his medical condition, received a sentence of 12 years. Defendant Avitia, whose trial was set to commence on Monday, April 10, 2006, also entered a guilty plea just prior

Case 1:04-cr-00187-LTB

Document 816

Filed 04/18/2006

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to the commencement of that trial. Saul Barrera's testimony at trial would have been critical as he was the driver of a load vehicle containing approximately 10 kilograms of cocaine that he delivered to co-defendant Jose Garcia, Jr.'s house in Greeley, Colorado during early March, 2004. Further, Saul Barrera was present when co-defendant Garcia left that residence to deliver approximately 5 kilograms of cocaine to Javier Avitia that evening in the parking lot of a Greeley bar. From that same delivery, Saul Barrera transported approximately 1 kilogram of cocaine back to Garden City, Kansas, where it was distributed to Justin Servantez and Robert Terriquez, Jr., in furtherance of the same conspiracy. Saul Barrera was transported back to this District for the trial of Javier Avitia and he was ready willing and able to testify truthfully and completely in detail regarding the matters set forth above. This would have been very important to the Government's proof of the conspiracy charged in Count One of the Superseding Indictment. This defendant was scheduled to appear as a Government witness at the trial, if any, of both Sergio Orona and Javier Avitia. 3. As a result of this defendant's announced availability as a witness during the Government's case in chief and other evidence, defendants Orona and Avitia both agreed to enter a guilty plea to significant drug felonies prior to trial, thus sparing the Government the additional expense of a trial against both defendants.

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Case 1:04-cr-00187-LTB

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4.

In light of the foregoing, and this defendant's significant, ongoing cooperation with the Government that the Government views as substantial, the Government would respectfully request that this defendant's sentence be further reduced by 15 months to a recommended sentence of 16 months.

WHEREFORE, and for the reasons set forth, the Government hereby moves the Court to reduce defendant Saul Barrera's sentence by 15 months from 31 months to a recommended sentence of 16 months' custody, with the other conditions set forth in this Court's Judgment filed in this matter. Respectfully submitted this 18th day of April, 2006, WILLIAM J. LEONE UNITED STATES ATTORNEY

By: s/ James R. Boma JAMES R. BOMA Assistant U.S. Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:04-cr-00187-LTB

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of April, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR FURTHER SENTENCING REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Lisabeth Castle [email protected] Nathan Chambers [email protected] Charles Elliott [email protected] Martha Eskesen [email protected] Matthew Rodney Giacomini [email protected] Michael Paul Litman [email protected] Michael Norton [email protected] Harvey Steinberg [email protected] Joseph Saint-Veltri [email protected] Richard Stuckey [email protected] Jessica Lynn West [email protected] David C. Japha [email protected] Kevin Michael McGreevy [email protected] Peter D. Menges [email protected] Marc Milavitz [email protected] Lisa Fine Moses [email protected] Thomas Mulvahil [email protected] Scott Poland [email protected] Michael Root [email protected] Martin Stuart [email protected] Scott Varholak [email protected]

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Case 1:04-cr-00187-LTB

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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 (mail, hand delivery, etc.) indicated by the non Participant's names:

Brandon Marinoff 36 Steele Street, #101 Denver, CO 80206 Steven M. Bernstein 1860 Blake Street, #420 Denver, CO 80202

Lance Jeffrey Wiessenberger 36 Steele Street, #101 Denver, CO 80206

s/Diana L. Brown DIANA L. BROWN United States Attorney's Office Legal Assistant to James R. Boma U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: 303-454-0358 Fax: 303-454-0401 E-Mail: [email protected]

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