Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:01-cr-00165-EWN

Document 445

Filed 12/21/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01 cr 00165-EWN UNITED STATES OF AMERICA, Plaintiff, v. 1. ALBERT CELIO, Defendant.

GOVERNMENT'S MOTION TO AMEND JUDGEMENT

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, hereby moves this Honorable Court to amend the Judgment in a Criminal Case entered in this matter August 16, 2005, against Defendant Celio, and as grounds therefor, states as follows: 1. On April 6, 2005, a jury returned guilty verdict against the defendant as to Counts 1 through 4 of the Indictment. The other counts in the Indictment naming Defendant Celio were dismissed by the government prior to trial. 2. On July 1, 2005, the defendant was sentenced by the Court to twenty-seven months imprisonment. 3. On August 16, 2005, the Judgment in a Criminal Case was entered. The Judgment incorrectly states that the defendant pleaded guilty to Counts 1 through 4 of the Indictment. 4. Fed. R. Civ. P. 60(a) provides that clerical mistakes in judgments "may be corrected

Case 1:01-cr-00165-EWN

Document 445

Filed 12/21/2005

Page 2 of 3

by the court at any time of its own initiative or on the motion of any party . . . ." Therefore, the government moves this Court to amend the Judgment to reflect that the defendant was found guilty of Counts 1 through 4 of the Indictment by a jury.

WHEREFORE, for the reasons stated above, the government respectfully requests this honorable Court amend the Judgment in a Criminal Case.

Respectfully Submitted, WILLIAM J. LEONE United States Attorney

s/ Valeria N. Spencer VALERIA N. SPENCER Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 FAX: (303) 454-0402 [email protected] Attorney for Government

Case 1:01-cr-00165-EWN

Document 445

Filed 12/21/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December, 2005, I electronically filed the forgoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Counsel for Defendant:
Harvey Steinberg [email protected]

I hereby certify that on this 21st day of December, 2005, that I have mailed or served the forgoing to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Probation Officer

Anthony Merlo
U.S. Probation Department

s/ Deborah Sisung Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0402