Free Motion for Decrease for Acceptance of Responsibility - District Court of Colorado - Colorado

Case 1:03-cr-00214-WDM

Document 311

Filed 05/16/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Hon. Walker D. Miller Criminal Case No. 03-cr-00214-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSE ALFREDO PRIETO, Defendant.

GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Jaime Pena, Assistant United States Attorney, hereby submits the Government's motion requesting that the Court grant the defendant a three level decrease in the offense level for the timely acceptance of responsibility and states to the Court in regard to the defendant's sentencing, as follows: 1. Pursuant to a recent Amendment to the Sentencing Guidelines, effective April 30, 2003, the United States must move the Court if, in the opinion of the Government, the defendant is deserving of the three level decrease for acceptance of responsibility. The Government has determined that the defendant is deserving of the three level reduction in the above captioned case. 2. Therefore, the Government hereby respectfully notifies the Court "that the defendant has assisted authorities in the investigation [and] prosecution of his own misconduct by timely 1

Case 1:03-cr-00214-WDM

Document 311

Filed 05/16/2006

Page 2 of 3

notifying the authorities of his intention to enter a plea of guilty." U.S.S.G. § 3E1.1(b). 3. Accordingly, the Government hereby enters its motion for the Court to grant the defendant a three level decrease in the offense level.

Respectfully submitted, William J. Leone United States Attorney

By: s/Jaime A. Pena JAIME A. PENA Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 303-455-0409 E-mail: [email protected]

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Case 1:03-cr-00214-WDM

Document 311

Filed 05/16/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 16th day of May, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS with the Clerk of the Court using the CM/ECF system which will send notification to the following e-mail addresses: Charles W. Elliott [email protected] and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated: U.S.P.O. U.S. Probation, District of Colorado s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant to JAIME PENA 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 Email: [email protected]