Free Motion for Downward Departure Pursuant to 5K1.1 - District Court of Colorado - Colorado

Case 1:03-cr-00214-WDM

Document 310

Filed 05/16/2006

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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 5K1.1 MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE

THE UNITED STATES OF AMERICA, by United States Attorney William J. Leone, through the undersigned Assistant United States Attorney, hereby enters the Government's Motion for downward departure based on defendant's substantial assistance pursuant to Sentencing Guidelines Section 5K1.1 and Title 18 United States Code Section 3553(e), for the reason that the defendant has supplied, and will continue to supply as required, substantial and useful cooperation and truthful information and testimony, as needed, in the investigation or prosecution of other persons, including persons in other pending investigations. The Government is satisfied that defendant, to date, has provided truthful and complete information to the best of his ability. In connection with the above captioned case, this defendant agreed to cooperate and provided the following information: The Government may investigate and seek an Indictment of an individual identified for the offense of possession with the intent to distribute the cocaine involved in this case. Jose Aldredo

Case 1:03-cr-00214-WDM

Document 310

Filed 05/16/2006

Page 2 of 4

Prieto has agreed to cooperate in the prosecution of that case if it is indicted, including testimony if necessary.See USSG § 5k1.1(a)(1). The defendant provided truthful, complete and reliable information that has confirmed the targets in investigations that may result in further prosecutions. See USSG § 5k1.1(a)(2) and (3). As a result of his cooperation, the defendant perceives a danger to himself. See USSG § 5k1.1(a)(4). At this time, the Government believes as true the stated willingness of defendant Prieto to testify as required in any investigative or legal proceedings as to which the defendant has knowledge. Defendant's willingness to testify provides substantial assistance to the Government. USSG § 5k1.1 (a)(5). The present recommendation is made with reliance upon the representation and understanding that the defendant will continue to cooperate to the best of his ability with law enforcement truthfully, completely, and without reservation in any further state or federal proceedings pursuant to legal process. The Government therefore recommends a downward departure of 20% from the minimum applicable range of 57 months to the Guidelines Sentence of 45 months. Accordingly, the Government respectfully asks the Court to impose a sentence upon defendant to include a period of imprisonment of 45 months, to be followed by a period of supervised release. This request reflects a downward departure for his substantial assistance.

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Case 1:03-cr-00214-WDM

Document 310

Filed 05/16/2006

Page 3 of 4

A sentence of 45 months adequately punishes the defendant for his unlawful conduct and would achieve the goals set forth by the Sentencing Guidelines and Congress. 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 310

Filed 05/16/2006

Page 4 of 4

CERTIFICATE OF SERVICE I certify that on this 16th day of May, 2006, I electronically filed the foregoing GOVERNMENT'S 5K1.1 MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE 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]