Free Sentencing Statement - District Court of Colorado - Colorado

Case 1:04-cr-00443-WYD

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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

SENTENCING STATEMENT

COMES NOW the United States of America, by and through William J. Leone, Acting United States Attorney and David M. Conner, Assistant United States Attorney, and respectfully files this Sentencing Statement. In support of this Statement the government avers as follows: 1. On October 21, 2004 the defendant was indicted on a one-count

Indictment charging possession of a firearm after having been convicted of a domestic violence misdemeanor. 2. The defendant subsequently tendered a plea of guilty to this Honorable

Court to this count. In that Plea Agreement the parties, pursuant to Rule 11(c)(1)(B), Federal Rules of Criminal Procedure agreed that the appropriate sentence in this case was a sentence to probation. 3. United States Probation Officer Emily Valentin has completed a detailed

Case 1:04-cr-00443-WYD

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Presentence Report. 4. On December 16, 2005 the defense filed a Sentencing Statement

captioned Objections to the Presentence Report and Motion for a Downward Departure. 5. In that pleading the defense offered numerous legal and factual reasons

why the Court should follow the parties recommendation and sentence the defendant to a term of probation. 6. The United States, for reasons stated in the Plea Agreement continues to

strongly urge this Court to honor the recommendation in the Plea Agreement and sentence the defendant to a term of probation. The government believes that the reasons as to why this is the appropriate sentence are covered in great detail in the previously mentioned defense pleading. The government concurs and agrees with the analysis contained in that pleading and believes for those reasons, among others, the appropriate sentence in this case is to sentence Mr. Ketchum to a sentence of probation. 7. The government, at the sentence hearing, requests the right to elaborate

upon this position should the Court have inquiry or should the Court have questions about the efficacy following the government's sentencing recommendation.

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Respectfully submitted, WILLIAM J. LEONE 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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CERTIFICATE OF SERVICE I hereby certify that on this 27th day of January, 2006, I electronically filed the foregoing SENTENCING STATEMENT 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] Emily Valentin U.S. Probation Office [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]