Free Motion to Reduce Sentence - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 815

Filed 04/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00187-LTB-2 UNITED STATES OF AMERICA, Plaintiff, v. 2. GAVINO BARRERA, Defendant. _____________________________________________________________________ GOVERNMENT'S MOTION FOR FURTHER SENTENCING REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE _____________________________________________________________________ The United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, hereby moves for a further sentencing reduction on behalf of the above defendant, pursuant to the provisions of Rule 35(b), showing unto the Court as follows: 1. This defendant was sentenced on June 16, 2005, to the custody of the Bureau of Prisons for a term of 75 months. This is to be followed by 5 years of supervised release and other conditions imposed by the Court. 2. As of the date of his sentencing, defendant Barrera's cooperation was not yet completed as he was slated to testify against lead defendant Sergio Orona and the other remaining defendant in this case, Javier Avitia. Defendant Sergio Orona entered a guilty plea in the interim and, due to his medical condition, received a sentence of 12 years. Defendant Avitia, whose trial was set to commence on Monday, April 10, 2006, also entered

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a guilty plea just prior to the commencement of that trial. Gavino Barrera's testimony at trial against either or both of these defendants would have been critical to the Government as this defendant would have been able to testify about Sergio Orona's vast trafficking organization from its inception in the late 1990's through the date of Barrera's arrest in November 2003 in Massachusetts. This would have been essential to the Government's proof of the conspiracy charged in Count One of the Superseding Indictment. This defendant was scheduled to appear as a Government witness at the trial, if any, of both Sergio Orona and Javier Avitia. 3. As a result of this defendant's announced availability as a witness during the Government's case in chief and other evidence, defendant Orona and Avitia both agreed to enter a guilty plea to significant drug felonies prior to trial, thus sparing the Government the additional expense of a trial against both defendants. 4. Further, the Government would note that with defendant Avitia's plea, 16 of the 17 defendants, including this defendant, charged in the two related cases before this Court, United States v. Sergio Orona, et al, Case Number: 04-cr-00187-LTB and United States v. Justin D. Servantez, et al., Case Number: 04-cr-00338-LTB, entered guilty pleas to serious drug felonies and money laundering charges. The only defendant not convicted, Jovita D. Guebara, was dismissed out of the case with leave of the Court due to minimal involvement and "interests of justice," 2

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humanitarian concerns.

But for this defendant's placing a consensually

recorded telephone call to lead defendant Sergio Orona during November 2003, this investigation would not have been possible. 5. In light of the foregoing, and this defendant's significant, ongoing cooperation with the Government which the Government views as substantial, the Government would respectfully request that this defendant's sentence be further reduced by 21 months to a recommended sentence of 54 months. WHEREFORE, and for the reasons set forth, the Government hereby moves the Court to reduce defendant Gavino Barrera's sentence by 21 months from 75 months to a recommended sentence of 54 months' custody, with the other conditions set forth in this Court's Judgment filed in this matter. Respectfully submitted this 18th day of April, 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 hereby certify that on this 18th day of April, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR FURTHER SENTENCING REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Lisabeth Castle [email protected] Nathan Chambers [email protected] Charles Elliott [email protected] Martha Eskesen [email protected] Matthew Rodney Giacomini [email protected] Michael Paul Litman [email protected] Michael Norton [email protected] Harvey Steinberg [email protected] Joseph Saint-Veltri [email protected] Richard Stuckey [email protected] Jessica Lynn West [email protected] David C. Japha [email protected] Kevin Michael McGreevy [email protected] Peter D. Menges [email protected] Marc Milavitz [email protected] Lisa Fine Moses [email protected] Thomas Mulvahil [email protected] Scott Poland [email protected] Michael Root [email protected] Martin Stuart [email protected] Scott Varholak [email protected]

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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 delivery, etc.) indicated by the non Participant's names:

Brandon Marinoff 36 Steele Street, #101 Denver, CO 80206 Steven M. Bernstein 1860 Blake Street, #420 Denver, CO 80202

Lance Jeffrey Wiessenberger 36 Steele Street, #101 Denver, CO 80206

s/Diana L. Brown DIANA L. BROWN United States Attorney's Office Legal Assistant to James R. Boma U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: 303-454-0358 Fax: 303-454-0401 E-Mail: [email protected]

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