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

Case 1:01-cr-00304-WYD

Document 75

Filed 02/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00304-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. ROBERT EARL CHARLTON, Defendant.

GOVERNMENT'S MOTION TO GRANT RELIEF REQUESTED [Docket No. 60] AND VACATE HEARING ON FEBRUARY 22, 2008

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, through Linda A. McMahan, Assistant United States Attorney, requests this Court grant the relief requested in Defendant's Motion to Correct Sentence Pursuant to Fed.R.Crim.P. 35(a) [Docket No. 60] and in support states: 1. The government concurs with the report recently filed with the Court by

Senior Probation Officer Gary Kruck. This report supports defendant's request to vacate a fine in the amount of $100. Since all parties and the Probation Officer are in agreement that the fine imposed was an error, there is no need for a hearing.

2.

The government requests this Court grant defendant's motion and vacate

the hearing scheduled for February 22, 2008, at 2:30 p.m.

Case 1:01-cr-00304-WYD

Document 75

Filed 02/21/2008

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Dated: February 21, 2008. Respectfully submitted, TROY A. EID United States Attorney

s/Linda A. McMahan LINDA A. MCMAHAN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 e-mail address: [email protected] Attorney for the Government

Case 1:01-cr-00304-WYD

Document 75

Filed 02/21/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of February, 2008, I electronically filed the foregoing GOVERNMENT'S MOTION TO GRANT RELIEF REQUESTED
[Docket No. 60] AND VACATE HEARING ON FEBRUARY 22, 2008 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Martha H. Eskesen, Esq. e-mail: [email protected]

s/Maggie E. Grenvik Maggie E. Grenvik Legal Assistant for AUSA Attorney Linda A. McMahan U.S. Attorney's Office 1225 17 th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 e-mail: [email protected]