Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1703

Filed 02/21/2006

Page 1 of 3

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. ______________________________________________________________________________ MOTION TO LIMIT EVIDENCE OF PRIOR CONVICTIONS TO STATUTORY REQUIREMENTS (R-55) (Phase III) ______________________________________________________________________________ Rudy Sablan respectfully requests an order limiting the government's evidence of prior criminal conduct to proof of the fact of conviction, as more fully set forth herein. 1. 18 U.S.C. 3592(c)(4), the provision under which the government proffers two

criminal convictions in the NOI (p. 3) provides only for proof of specific facts: That the defendant has previously been convicted of two or more federal or state offenses punishable by a term of imprisonment of more than one year committed on different occasions involving the infliction of, or attempted infliction of serious bodily injury or death upon another person. The only facts the government may reasonably present to prove this aggravator are : (1) the offense of conviction and its elements, (2) the possible penalty, and (3) the date of the offense and date of conviction. The statute neither contemplates nor authorizes the government to go further and present evidence of the underlying facts.

Case 1:00-cr-00531-WYD

Document 1703

Filed 02/21/2006

Page 2 of 3

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Evidence of the underlying facts is not permitted under the sentencing guidelines,

see Taylor v. United States, 495 U.S. 575 (1990) (underlying facts not considered for purposes of Armed Career Criminal Act enhancement). The underlying facts are not considered where the sentencing consideration is only the fact of conviction. Under heightened Eighth Amendment standards, the underlying facts should not be paraded in front of a jury in a death penalty case. 3. Evidence of underlying facts would turn the sentencing hearing into a trial within

a trial, consuming a large amount of time without a corresponding benefit of appropriate guidance to the jury. In fact, such a presentation would be confusing, misleading, and unfairly prejudicial, excluded by 3593(c). For the foregoing reasons Rudy Sablan requests an order limiting the government's evidence on statutory aggravating factors to the specific facts set forth herein. The same analysis applies to evidence of criminal convictions to support non-statutory aggravating factors and Mr. Sablan requests a similar order limiting evidence on the convictions alleged in the NOI Section (C)(1)(a), (b), and (c). 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] Attorneys for Defendant Rudy Sablan

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]

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Case 1:00-cr-00531-WYD

Document 1703

Filed 02/21/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION TO LIMIT EVIDENCE OF PRIOR CONVICTIONS TO STATUTORY REQUIREMENTS (R-55) (Phase III) was electronically filed with the Clerk of the Court using the CM/ECF system on this 21st day of February, 2006, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected] Michael Hegarty [email protected] Patrick J. Burke [email protected] Dean Neuwirth [email protected] Nathan D. Chambers [email protected] Susan L. Foreman [email protected]

s/Polly Ashley

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