Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00321-LTB

Document 1157

Filed 01/31/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CR00321-LTB-8 USA, Plaintiff, v. Earnest James Martin (8), et al. Defendants. ________________________________________________________________________ AMENDED PETITION TO RELEASE PRE-SENTENCING INVESTIGATION REPORT ________________________________________________________________________ Defendant, Earnest J. Martin, (hereinafter, "Martin") by and through his attorneys, Faegre & Benson LLP, hereby petitions this Court to release a copy of his Pre-Sentencing Investigation Report. In support of his Petition, Defendant Martin states: 1. On August 23, 2001 this criminal matter was filed against Defendant Martin for

conspiracy to purchase, manufacture, possess and distribute crack cocaine. 2. As a result of the criminal charge, on October 24, 2002 judgment was entered and

Defendant Martin was sentenced to 41 months of jail time. 3. In sentencing Defendant Martin, this Court ordered the Pre-Sentencing

Investigation Report ("PSI"). This PSI was provided by Defendant Martin's probation officer, Mr. Gary Kruck, on October 16, 2002. Counsel contacted Mr. Kruck to obtain the PSI and was told that he no longer has a copy. 4. The undersigned counsel represents Defendant Martin in a juvenile matter entitled

Earnest J. Martin v. Lendera A. Cox, Juvenile Court, City and County of Denver, State of Colorado, Case No. 98CV3185. In conjunction with the juvenile court matter, it has come to Defendant Martin's attention that portions of his criminal history records may be inaccurate.

Case 1:01-cr-00321-LTB

Document 1157

Filed 01/31/2006

Page 2 of 3

5.

Defendant Martin believes that this Court's PSI report includes true and accurate

history of all criminal offenses. Defendant Martin requests a copy of this PSI report so that he can adequately review and request correction of any and all inaccurate criminal history information in other records and databases. 6. Defendant's attorney, Janet Lawler McDaniel, is filing this Amended Petition to

include a correct "s/" in the signature block of counsel and to include a Certificate of Service notifying Defendant Martin and Defendant's probation office of this Petition. WHEREFORE, Defendant Martin requests that this Honorable Court release his PSI report and for such other relief as this Court deems proper.

Dated this 31st day of January 2006

s/ Janet Lawler McDaniel Janet Lawler McDaniel FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203-4532 (303) 607-3500 (303) 607-3600 (fax) [email protected] Attorneys for Defendant Earnest J. Martin

2

Case 1:01-cr-00321-LTB

Document 1157

Filed 01/31/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 31st day of January 2006, I electronically filed the foregoing AMENDED PETITION TO RELEASE PRE-SENTENCING INVESTIGATION REPORT with the Clerk of Court using the CM/ECF system and correct copy of the foregoing was placed in the U. S. Mail, properly addressed, postage prepaid to the following non CM/ECF participants: Earnest Martin 2626 Columbine Street Denver, CO 80206 Gary R. Kruck Denver Federal Probation Office 1929 Stout Street Suite C-120 Denver, CO 80294

s/ Janet Lawler McDaniel

3