Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cr-00304-WYD

Document 63

Filed 01/30/2008

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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 RESPONSE TO DEFENDANT'S MOTION TO CORRECT SENTENCE PURSUANT TO FED.R.CRIM.P. 35(a) [Docket No. 60]

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Linda A. McMahan, Assistant United States Attorney, submits the following Response to Defendant's Motion to Correct Sentence Pursuant to Fed.R.Crim.P. 35(a) [Docket No. 60]. 1. Defendant's supervised release was revoked on December 13, 2007,

following a hearing before the Court. The judgment [Docket No. 59] ordered a reimposition of a fine in the amount of $100. Defendant moves this Court to delete the fine from the judgment indicating the Court imposed an "arithmetical, technical, or other clear error " [Docket No. 60, p.2. ¶4]. 2. The Probation Office opposes defendant's motion, indicating the original

order from defendant's sentencing in 2002 imposed a fine of $100 (see Judgment in a Criminal Case dated August 19, 2002). The Financial Litigation Unit checked

Case 1:01-cr-00304-WYD

Document 63

Filed 01/30/2008

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defendant's records which are attached, and confirmed defendant has not paid this fine but has paid his assessment fee of the same amount. 3. The government concurs with the Probation Office and opposes defendant's

motion. A check of the Court file indicates this Court ordered a $100 fine on August 19, 2002, and defendant has failed to comply with that order. According to 18 U.S.C. § 3611, a person sentenced to pay a fine shall pay that fine. 18 U.S.C. § 3612 (c) addresses collection of unpaid fines and is the authority which authorizes collection by the Financial Litigation Unit. Fines do not expire and the liability to pay extends 20 years after the person fined is released from imprisonment. 18 U.S.C. § 3613 (b). 4. The attached papers from the Financial Litigation Unit indicate this

defendant has not paid his fine. Consequently, he should have an opportunity to do so in the future. Defendant's motion should be denied.

Dated: January 30, 2008. Respectfully submitted, TROY A. EID United States Attorney

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

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Case 1:01-cr-00304-WYD

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CERTIFICATE OF SERVICE I hereby certify that on this 30th day of January, 2008, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO
CORRECT SENTENCE PURSUANT TO FED.R.CRIM.P. 35(a) [Docket No. 60]

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]

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