Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cr-00275-EWN

Document 741

Filed 06/25/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr-00275­08-EWN UNITED STATES OF AMERICA, Plaintiff, v. 8. DARRELL RAY, Defendant.

GOVERNMENT'S RESPONSE TO DEFENDANT DARRELL RAY'S MOTION TO SUPPLEMENT MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2). (DOC #739)

The United States of America, by District of Colorado United States Attorney Troy A. Eid, through Assistant United States Attorney Gregory H. Rhodes, hereby respectfully files this response to the issue of the defendant's possible relief pursuant to Title 18 U.S.C. § 3582. 1. The Government respectfully asks the Court to take judicial notice of the contents of its own files in relation to this case. Defendant Darrell Ray has not requested a reduction of sentence, pursuant to Section 3582(c)(2), based on Amendment 706 to the Sentencing Guidelines, which lowered the base offense levels applicable to cocaine base ("crack") offenses.

Case 1:03-cr-00275-EWN

Document 741

Filed 06/25/2008

Page 2 of 3

2. The government agrees with the defendant's facts and conclusions of law and asks that the Court grant no hearing on this matter because there is no question in controversy. Respectfully submitted this 25 th day of June 2008. TROY A. EID UNITED STATES ATTORNEY

BY: s/ Gregory H. Rhodes GREGORY H. RHODES Assistant United States Attorney United States Attorney's Office District of Colorado 1225 17 th Street, Suite 700 Denver, CO 80202 (303) 454-0100 (303) 454-0401 Fax [email protected] Attorney for Government

2

Case 1:03-cr-00275-EWN

Document 741

Filed 06/25/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 25th day of June, 2008, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT DARRELL RAY'S MOTION TO SUPPLEMENT MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2). (DOC #739) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: James A. Castle [email protected]

s/ Diana Brown DIANA BROWN Legal Assistant 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]

3