Free Motion for Departure - District Court of Connecticut - Connecticut

Case 3:02-cr-00187-CFD

Document 104

Filed 07/04/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA VS. JOSHUA CORDERO : : : JULY 5, 2005 NO. 3:02-cr-00187 (CFD)

DEFENDANT'S MOTION FOR SENTENCING RELIEF Pursuant to Title 18 U.S.C. § 3553, United States Sentencing Guidelines § 5C1.2, and Federal Rules of Criminal Procedure 32(h) and 32(i), the defendant, Joshua Cordero, by and through his attorney, Jon L. Schoenhorn, moves this court to grant him relief from the mandatory minimum sentence that must otherwise be imposed for his conviction of Title 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii) in the above-captioned matter, and to impose a lesser sentence under the "safety valve" provision, without regard to the 60-month statutory minimum. In support hereof, the defendant states that he believes he is able to demonstrate, by a preponderance of the evidence, that he meets all five criteria for a downward departure under U.S.S.G. § 5C1.2, based upon a review of the relevant case law. In support hereof, the defendant submits an accompanying memorandum of law in aid of sentencing that addresses the issue of the application of the "safety valve" provision to the facts presented herein. WHEREFORE, the defendant seeks to have this court grant the relief requested and grant a downward departure. THE DEFENDANT ­ JOSHUA CORDERO

BY:

/s/ Jon L. Schoenhorn Jon L. Schoenhorn (#ct00119) His Attorney Schoenhorn & Associates 97 Oak Street Hartford, CT 06106-1515 (860) 278-3500 (860) 278-6393 (Fax) [email protected]

Case 3:02-cr-00187-CFD

Document 104

Filed 07/04/2005

Page 2 of 2

CERTIFICATE OF SERVICE I hereby certify that on the above date, a copy of the foregoing document was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the court's CM/ECF System. /S/ Jon L. Schoenhorn Jon L. Schoenhorn