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

Case 1:04-cr-00443-WYD

Document 46

Filed 04/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00443-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. CHRISTOPHER KETCHUM, Defendant.

AMENDED MOTION TO DESTROY FIREARM

Comes now the United States of America, by and through Assistant United States Attorney David M. Conner, and respectfully moves this Court for an Order to destroy one of the firearms seized in this case pursuant to a search warrant, specifically, the government requests an Order requests an Order for destruction of a Heckler & Koch (H&K), 9mm caliber carbine, MP5 with flash suppressor, Serial Number 43-16292. As the Court may recall at the sentencing hearing of Mr. Ketchum on January 31, 2006 Mr. Ketchum, through counsel specifically stated that he understood all rights and firearms seized pursuant in the case would not be returned to him nor anyone else. At the conclusion of the sentencing hearing the government indicated it would be filing a motion and order for destruction of those firearms as listed on page five of the Presentence Report regarding Mr. Ketchum. The Court requested the government file

Case 1:04-cr-00443-WYD

Document 46

Filed 04/02/2007

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a proposed order when said motion was filed electronically. A copy of the transcript of the proceedings is attached for the Court's perusal. The following day the government caused to be prepared a motion for destruction of all the firearms listed on page five of the Presentence Report and concomitant order. Through inadvertence, however, said motion and proposed order was never filed with the Court. Following the sentencing hearing, the Bureau of Alcohol, Tobacco and Firearms decided to return the legal firearms listed on page five of the Presentence Report to relatives of Mr. Ketchum or Mr. Ketchum's designatees. This occurred with respect to every firearm with exception of the H&K, MP5, serial number 43-16292. This firearm was subsequently destroyed pursuant to paperwork completed by the Bureau of Alcohol, Tobacco and Firearms without said order from the Court. Mr. Ketchum subsequently contacted the Bureau of Alcohol, Tobacco and Firearms and requested a letter to that effect. Counsel has drafted such a letter and has sent it to counsel of record for Mr. Ketchum, Mitchell Baker. Bureau of Alcohol, Tobacco and Firearms has requested the government file this motion and obtain an order for the destruction of said firearm. As a result this motion and proposed order follows. This Amended Motion to Destroy Firearm is being filed, as the Motion to Destroy Firearm was inadvertently filed under Notice which was the improper event.

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Respectfully submitted, TROY A. EID United States Attorney

By: s/David M. Conner DAVID M. CONNER Assistant U.S. Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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Case 1:04-cr-00443-WYD

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Filed 04/02/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 1st day of April, 2007, I electronically filed the foregoing MOTION TO DESTROY FIREARM with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Walter Gerash, Esq. [email protected] Mitchell Baker, Esq. [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 (mail, hand deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant to David M. Conner U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]