Free Supplement - District Court of Colorado - Colorado

Case 1:01-cr-00437-LTB

Document 140

Filed 09/09/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00437-LTB UNITED STATES OF AMERICA, Plaintiff, v. 1. BERT SANDERS, Defendant.

DEFENDANT'S SUPPLEMENT TO MOTION TO MODIFY TERMS OF IMPRISONMENT PURSUANT TO 18 U.S.C. § 3582(C)(2)

COMES NOW the Defendant, Bert Sanders, by and through his attorney, Charles W. Elliott, who hereby submits his Supplement to the Defendant's Motion to Modify Term of Imprisonment, and states as follows: 1. That the Defendant had previously filed his pro se Motion to Modify Term of

Imprisonment pursuant to 18 U.S.C. § 3582(c)(2). 2. That this Supplement confirms the fact that the Defendant was convicted of the

offense of possession with intent to distribute 500 grams or more of a mixture of substance containing a detectable amount of cocaine, Count 1 and possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base. 3. That the Defendant was sentenced pursuant to the United States Sentencing

Commission Guidelines to a term of imprisonment of 151 months; the sentence being at the bottom of the guideline range.

Case 1:01-cr-00437-LTB

Document 140

Filed 09/09/2008

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4.

That although the Defendant was subject to a minimum mandatory ten year

sentence the sentence imposed was pursuant to the guidelines as it was significantly in excess of 120 months. 5. That the Defendant is entitled to a reduction in his sentence pursuant to the

amendments to the sentencing guidelines and specifically is entitled to a two level reduction and would request that this Honorable Court grant that reduction and further sentence the Defendant at the bottom of the guideline range which would be 120 months. WHEREFORE, the Defendant prays this Honorable Court grant his Motion to Modify Term of Imprisonment. Dated this 9th day of September 2008. Respectfully submitted, s/ Charles W. Elliott __________________________________________ The Law Office of Charles W. Elliott 1801 Broadway Ste 1100 Denver, CO 80202 Telephone: (303) 623-2013 Facsimile: (303) 292-0522 E-mail: [email protected] Attorney for Defendant Bert Sanders

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Case 1:01-cr-00437-LTB

Document 140

Filed 09/09/2008

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CERTIFICATE OF SERVICE I do hereby certify that on the 9th day of September 2008, I electronically filed the foregoing DEFENDANT'S SUPPLEMENT TO MOTION TO MODIFY TERMS OF IMPRISONMENT PURSUANT TO 18 U.S.C. § 3582(C)(2) 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] Colleen Covell [email protected],[email protected],[email protected]

s/ Holly Muncy ____________________________________ Holly Muncy The Law Office of Charles W. Elliott 1801 Broadway Ste 1100 Denver, CO 80202 Telephone: (303) 623-2013 Facsimile: (303) 292-0522 E-mail: [email protected]

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