Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2657

Filed 11/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, et al. Defendant. ______________________________________________________________________________ DEFENDANT'S PROFFER ON ESTRELLA 404(b) EVIDENCE ______________________________________________________________________________ Rudy Sablan seeks permission to introduce the following evidence at trial pursuant to F.R.E. 404(b). This summary is a proffer to assist the Court in resolving any legal issues regarding this evidence. It is not intended as a limitation on specific evidence if the Court allows testimony concerning these transactions. Both parties have discovery regarding these incidents from BOP files which is incorporated by reference. A. June 30, 1994. Mr. Estrella was convicted of assaulting another inmate, bragging

that he was a member of the Mexican Mafia. There was no reason for the assault other than Mr. Estrella attempting to establish his reputation as a "tough" inmate. B. September 10, 1997. USP Lompoc ­ assaulting another inmate and threatening

to kill him. Admitted his involvement and told the officers if he catches the victim, he will kill him.

Case 1:00-cr-00531-WYD

Document 2657

Filed 11/21/2007

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C.

December 31, 1997. USP Lewisburg ­ serious assault on another inmate.

Emergency medical treatment required. Assault was over a basketball game. Estrella told BOP the victim got hurt because he didn't know how to fight. D. September 21, 1998. USP Lewisburg ­ Mr. Estrella was convicted of a serious

assault on another inmate, Mr. Cox. The CO saw Estrella assaulting Cox in a rec pen. "Cox was laying on the ground and Estrella was kicking him in the face and head. Estrella did all the assaulting as Cox was trying to defend himself." Mr. Cox had "very serious" injuries. BOP reports regarding the proffered incidents are attached. Respectfully submitted, s/ Forrest W. Lewis Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected] Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 798-3872 E-mail: [email protected] Attorneys for Defendant Rudy Sablan

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Case 1:00-cr-00531-WYD

Document 2657

Filed 11/21/2007

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CERTIFICATE OF SERVICE I hereby certify that the foregoing DEFENDANT'S PROFFER ON ESTRELLA 404(b) EVIDENCE was electronically filed with the Clerk of the Court using the CM/ECF system on this 21st day of November, 2007, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected]

s/Polly Ashley

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