Free Motion for Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00423-MSK

Document 48

Filed 08/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00423-MSK-01 UNITED STATES OF AMERICA, Plaintiff, v. CHRISTINA D. ORTIZ Defendant.

GOVERNMENT'S MOTION FOR A SENTENCING HEARING

The United States of America, by Assistant United States Attorney James R. Allison, requests that this court set a sentencing hearing in this matter. As grounds therefore states: The undersigned Assigned United States Attorney has been advised by Senior U.S. Probation Officer Patrick J. Lynch that since the Probation Violation Hearing conducted before this court on May 25, 2006, the Defendant has again violated the conditions of her probation. The undersigned has been advised by Senior Probation Officer Lynch that on July 17, 2006, the Defendant was terminated from her employment. The Defendant did not notify her Probation Officer of this change in her employment status. This would be a violation of Condition No. 6 of her probation conditions, which requires the Defendant to notify her Probation Officer at least ten days prior to any change in residence or employment.

Case 1:04-cr-00423-MSK

Document 48

Filed 08/31/2006

Page 2 of 3

Mr. Lynch has also reported that on August 15, 2006, the Defendant provided a urine sample for testing. On August 22, 2006, Mr. Lynch learned that the urine sample proved positive for the presence of cocaine. Because it appears that the Defendant continues to violate the conditions of her probation, the Government would respectfully request that a further sentencing hearing be set in this matter.

Respectfully submitted, TROY A. EID United States Attorney

By: s\James R. Allison JAMES R. ALLISON 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-00423-MSK

Document 48

Filed 08/31/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 31st day of August, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR A SENTENCING HEARING with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Scott Thomas Varholak [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: Patrick J. Lynch, Senior Probation Officer United States Probation Office 1961 Stout Street Suite 525 Denver, Colorado 80294-0101

s/ Veronica Contreras VERONICA CONTRERAS Legal Assistant U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 Fax: 303-454-0403 E-mail: [email protected]

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