Case 1:04-cr-00187-LTB
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00187-LTB-05 UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITIA, Defendant.
GOVERNMENT'S MOTION FOR SENTENCING REDUCTION UNDER THE PROVISIONS OF §5K1.1, U.S. SENTENCING GUIDELINES, AND TITLE 18, UNITED STATES CODE, SECTION 3553(e)
THE UNITED STATES OF AMERICA, by and through its undersigned Assistant U.S. Attorney for the District of Colorado, hereby moves for a reduction of the above defendant's sentence, pursuant to the provisions of §5K1.1 of the Sentencing Guidelines and under 18 U.S.C. §3553(e), because of the defendant's substantial assistance to the Government in the investigation and prosecution of other persons who have committed offenses against the laws of the United States, which may be summarized as follows: 1. Pursuant to the parties' plea agreement, this defendant submitted to a debriefing by U.S. Drug Enforcement Administration (DEA) and Federal Bureau of Investigation (FBI) agents assigned to this investigation. That debriefing occurred on Monday, April 3, 2006, and no further information has been forthcoming from this defendant since that date. Due to the passage of time since the inception of this investigation and prosecution,
Case 1:04-cr-00187-LTB
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the information was of lesser value than it might have been had the information been disclosed earlier by this defendant. However, the information provided by this defendant was, nonetheless, deemed to constitute substantial assistance to the Government. Because this information relates to ongoing investigations or prosecutions, no further details will be provided in this unsealed pleading. 2. In light of the foregoing, the Government moves, pursuant to the cited statutory and Sentencing Guidelines' provisions, for a reduction of 25% off the lowest end of the otherwise applicable Sentencing Guidelines range for this defendant. 3. Based upon the calculations set forth in the Pre-sentencing Investigation Report (PSI) in this matter, the Government estimates the Sentencing Guidelines range to be 57-71 months, and rounding down in the defendant's favor, the Government recommends a sentence of 42 months for this defendant. WHEREFORE, and in light of the cooperation rendered by this defendant to date, the Government hereby moves, pursuant to §5K1.1 of the Sentencing Guidelines and 18 U.S.C. §3553(e), for a reduction of approximately 25% off the lowest end of the estimated sentencing range to a recommended sentence of 42 months.
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Case 1:04-cr-00187-LTB
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Respectfully submitted this 13th day of June, 2006, WILLIAM J. LEONE UNITED STATES ATTORNEY
By: s/ James R. Boma JAMES R. BOMA Assistant U.S. Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government
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CERTIFICATE OF SERVICE I certify that on this 12th day of June, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR SENTENCING REDUCTION UNDER THE PROVISIONS OF §5K1.1, U.S. SENTENCING GUIDELINES, AND TITLE 18, UNITED STATES CODE, SECTION §3553(e) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Wayne Campbell [email protected] [email protected];[email protected] Lisabeth Perez Castle [email protected] [email protected] Nathan Dale Chambers [email protected] [email protected] Charles W. Elliott [email protected] [email protected] Martha Horwitz Eskesen [email protected] Matthew Rodney Giacomini [email protected] [email protected];[email protected] David C. Japha [email protected] Michael Paul Litman [email protected] Kevin Michael McGreevy [email protected] [email protected] Peter D. Menges [email protected] Marc Milavitz [email protected] Thomas Francis Mulvahill [email protected] [email protected] Scott T. Poland [email protected]
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Michael Gary Root [email protected] Joseph Saint-Veltri [email protected] Harvey Abe Steinberg [email protected] [email protected] Martin Adam Stuart [email protected] Richard N. Stuckey [email protected] Scott Thomas Varholak [email protected] [email protected] Jesse Luke Wiens [email protected] [email protected] Lance Jeffrey Wiessenberger [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 indicated: U.S. Probation Officer Andrea Bell, Denver (Via fax to (303) 844-5439)
s/Lisa Vargas LISA VARGAS Legal Assistant to James R. Boma Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]