Free Motion for Decrease for Acceptance of Responsibility - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 545

Filed 06/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00433-WDM-03 UNITED STATES OF AMERICA, Plaintiff, v. 3. HUMBERTO MARTINEZ, Defendant.

GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Gregory H. Rhodes, Assistant United States Attorney, hereby submits the Government's motion requesting that the Court grant the defendant a three level decrease in the offense level for the timely acceptance of responsibility and states to the Court in regard to the defendant's sentencing, as follows: 1. Pursuant to the Amendments to the Sentencing Guidelines, effective April 30, 2003, the United States must move the Court if, in the opinion of the Government, the defendant is deserving of the three level decrease for acceptance of responsibility. The Government has determined that the defendant is deserving of the three-level reduction in the above captioned case.

Case 1:04-cr-00433-WDM

Document 545

Filed 06/13/2006

Page 2 of 3

2. Therefore, the Government hereby respectfully notifies the Court "that the defendant has assisted authorities in the investigation [and] prosecution of his own misconduct by timely notifying the authorities of his intention to enter a plea of guilty." U.S.S.G. § 3E1.1(b). 3. Accordingly, the Government hereby enters its motion for the Court to grant the defendant a three-level decrease in the offense level. Respectfully submitted, WILLIAM J. LEONE UNITED STATES ATTORNEY

By:

s/ Gregory H. Rhodes GREGORY H. RHODES Assistant United States Attorney United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:04-cr-00433-WDM

Document 545

Filed 06/13/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 13th day of June, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Robert S. McCormick [email protected]

s/Lisa Vargas LISA VARGAS United States Attorney's Office Legal Assistant to Gregory H. Rhodes U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: 303-454-0100 Fax: 303-454-0401 E-mail: [email protected]

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