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

Case 1:04-cr-00187-LTB

Document 813

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. ADAN OROZCO, 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 October 27, 2005, to the custody of the Bureau of Prisons for a term of 90 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 Orozco's cooperation was not yet completed as he was slated to testify against the sole remaining defendant in this case, Javier Avitia, whose trial was set to commence on Monday, April 10, 2006. In order to prepare his testimony, Mr. Orozco was moved from the Federal Correctional Institution, Florence, Colorado, to the Federal Detention Center in Englewood, Colorado. As a result of verbal threats against him due to his cooperation with the Government, Mr. Orozco has been placed in the Special Housing Unit (SHU) at the

Case 1:04-cr-00187-LTB

Document 813

Filed 04/18/2006

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FDC for his personal safety and will be housed there pending the completion of an ongoing threat assessment by the Government. It is likely that he will be reassigned to a different BOP institution to serve the balance of his sentence. 3. Since the date of his sentencing, Mr. Orozco met with agents assigned to this investigation at his place of confinement and he provided further details as to his knowledge of the Sergio Orona drug trafficking organization. He was standing by to testify truthfully and completely if called, and his testimony would have been critical with respect to the conspiracy charged in Count One of the Superseding Indictment. Mr. Orozco's role was primarily to serve as an important and trusted courier of monies and drugs on behalf of Mr. Orona for a period of several years during the charged conspiracy. As a result, he met and personally dealt with many conspirators, including but not limited to Sergio Orona, John Guebara, Saul Barrera, Javier Avitia, Jose Garcia, Jr., and many others. Mr. Orozco would have been a very good witness as to the overall identities of those involved in the conspiracy and of the "day to day" operations of this extensive multi-state drug trafficking organization. 4. Additionally, during a debriefing on Thursday, April 13, 2006, Mr. Orozco provided detailed information regarding a previously unidentified member of the conspiracy who has been identified by Orozco, Javier Avitia, Jose Garcia, Jr., and others during recent debriefings. Although no charges have been brought to date, this investigation is ongoing at this time and may result in an additional indictment in this District in the future charging 2

Case 1:04-cr-00187-LTB

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one or more potential targets with charges relating to the Sergio Orona investigation. 5. As a result of this defendant's announced availability as a witness during the Government's case in chief and other evidence, defendant Avitia agreed to enter a guilty plea to a significant drug felony prior to trial, thus sparing the Government the additional expense of a trial in that matter. 6. 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 present sentence of 90 months be reduced by 36 months to a recommended sentence of 54 months. WHEREFORE, and for the reasons set forth, the Government hereby moves the Court to reduce defendant Orozco's sentence by 36 months from 90 months to a recommended sentence of 54 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 the government

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Case 1:04-cr-00187-LTB

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CERTIFICATE OF SERVICE I certify that on this 18th ay 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: Wayne Campbell [email protected] [email protected];[email protected] Lisabeth Perez Castle [email protected] [email protected] Nathan Dale Chambers [email protected] [email protected] Charles W. Elliott [email protected] [email protected] Martha Horwitz Eskesen [email protected] Matthew Rodney Giacomini [email protected] [email protected];[email protected] David C. Japha [email protected] Michael Paul Litman [email protected] Kevin Michael McGreevy [email protected] [email protected] Peter D. Menges [email protected] Marc Milavitz [email protected] Thomas Francis Mulvahill [email protected] [email protected] Scott T. Poland [email protected] Michael Gary Root [email protected] 4

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Joseph Saint-Veltri [email protected] Harvey Abe Steinberg [email protected] [email protected] Martin Adam Stuart [email protected] Richard N. Stuckey [email protected] Scott Thomas Varholak [email protected] [email protected] Jesse Luke Wiens [email protected] Lance Jeffrey Wiessenberger [email protected] 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: None 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]

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