Free Motion for Downward Departure Pursuant to 5K1.1 - District Court of Colorado - Colorado

Case 1:01-cr-00350-WYD

Document 452

Filed 12/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel

Criminal Case No. 01-cr-00350-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. JASON M. PRICE, Defendant.

GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO §5K1.1 OF THE SENTENCING GUIDELINES

COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, to respectfully submit, pursuant to the previously filed PLEA AGREEMENT AND STIPULATION OF FACTS and Section 5K1.1 of the United States Sentencing Guidelines the following: 1. The defendant executed the before mentioned plea agreement by entering a plea of guilty to Count Two of an Indictment, which charged the defendant with a violation of Title 21, United States Code, Sections 841(a) and 846. The plea agreement also contemplated the defendant's continued substantial assistance to the government in the investigation of the above captioned case. 2. The defendant has provided information to the government as to his role in the instant offense and agreed to testify if necessary at trial or in other proceedings.

Case 1:01-cr-00350-WYD

Document 452

Filed 12/13/2007

Page 2 of 3

3. The government believes the information provided by JASON M. PRICE was truthful, timely and complete. 4. The government believes that the defendant's cooperation may cause him to be in danger while incarcerated. 5. Based on his cooperation with the DEA and FBI, the government believes the defendant has in good faith provided substantial assistance. 6. The government is aware of the findings contained in the presentence report prepared for the Court and, pursuant to the plea agreement, the government recommends a departure to 40 months. Respectfully submitted,

TROY A. EID United States Attorney

By:

s/ Gregory H. Rhodes GREGORY H. RHODES Assistant U.S. Attorney 1225 17th Street # 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0401 E-Mail: [email protected] Attorney for Government

Case 1:01-cr-00350-WYD

Document 452

Filed 12/13/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 13th day of December, 2007, I electronically filed the foregoing GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO §5K1.1 OF THE SENTENCING GUIDELINES AND 18 U.S.C. § 3553(e) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: John M. Richilano [email protected],[email protected],[email protected] and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner indicated: None

s/ Diana Brown DIANA BROWN Legal Assistant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]