Free Motion to Consolidate Cases - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1351

Filed 08/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No. 04-cr-00103-REB UNITED STATES OF AMERICA Plaintiff, v. 1. 2. 4. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, and MICHAEL SMITH,

Defendants. _____________________________________________________________________ GOVERNMENT'S UNOPPOSED MOTION FOR CONSOLIDATION/JOINDER OF SENTENCING HEARINGS FOR THE PURPOSE OF TAKING EVIDENCE _____________________________________________________________________ The Government, by Wyatt Angelo and Matthew T. Kirsch, the undersigned Assistant United States Attorneys, hereby moves the Court for an order consolidating at least a portion of the four separate sentencing proceedings now set for the defendants named above for the purpose of hearing witness testimony on the computation of the loss amount pursuant to U.S.S.G. §2B1.1(b)(1), and in support thereof state as follows: 1. The sentencing hearing for defendant Weed is scheduled for September 21, 2007, at 10:00 a.m. The sentencing hearings for the remaining defendants are set to commence on October 19, 2007, at one-hour intervals starting at 1:30 p.m. 2. The government will call the same witness to testify as to the manner in which the loss amounts were calculated for each defendant. No purpose would be

Case 1:04-cr-00103-REB-MEH

Document 1351

Filed 08/15/2007

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served by having that witness testify separately in each sentencing hearing. The government will also be prepared to have that witness establish a foundation for the orders of forfeiture the government intends to seek for each defendant pursuant to Fed. R. Crim. P. 32.2. 4. It is the government's understanding that defendants Lewis and Smith may also call one or more common witnesses, other than the government's witness, on the issue of the loss amount. No purpose would be served by having those witnesses testify separately to the same information in the Lewis and Smith sentencing hearings. 5. The interests of judicial economy would be better served by consolidating at least the evidentiary portions of these sentencing hearings as it relates to the calculation of loss under the Sentencing Guidelines. If the Court believes it would further increase judicial economy to consolidate the other portions of the sentencing hearings, the parties would not oppose such further consolidation. 6. Undersigned counsel has consulted with the attorneys for each of the defendants and have been informed that the defendants do not oppose this motion. Counsel for defendant Weed specifically joins the motion and requests that any separate portion of his sentencing hearing be held after the consolidated evidentiary hearing requested in this motion. WHEREFORE, the government moves for an order consolidating at least the portion of the sentencing hearings for all four defendants relating to the computation of loss amount under U.S.S.G. §2B1.1(b)(1) and re-scheduling the remaining portions of the sentencing hearings to the same time or after the consolidated evidentiary hearing. 2

Case 1:04-cr-00103-REB-MEH

Document 1351

Filed 08/15/2007

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Respectfully submitted this 15th day of August, 2007. TROY A. EID United States Attorney

s/Matthew T. Kirsch Matthew T. Kirsch Wyatt B. Angelo Assistant United States Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected] [email protected]

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Case 1:04-cr-00103-REB-MEH

Document 1351

Filed 08/15/2007

Page 4 of 4

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 15th day of August, 2007, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION FOR CONSOLIDATION/JOINDER OF SENTENCING HEARINGS FOR THE PURPOSE OF TAKING EVIDENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected]

Richard N. Stuckey, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ronald Gainor, Esq. [email protected] s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

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