Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1844

Filed 07/24/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00CR-531-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN Defendant.

GOVERNMENT'S UNOPPOSED MOTION TO AMEND THE SECOND AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY FOR WILLIAM CONCEPCION SABLAN

The United States of America, by William J. Leone, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, respectfully requests that the Court allow the government to amend its Second Amended Notice of Intent to Seek the Death Penalty with regard to William Sablan. As grounds therefor, the government states as follows: 1. The lettering of the sub-paragraphs found under Section C, Other, NonStatutory, Aggravating Factors Identified under 18 U.S.C. §3593 (a)(2), at pages 5 through 9 in the Second Amended Notice is confusing because the same letters are repeated for both Institutional and Non-Institutional Settings. The government seeks to amend this section by using continuous letters for all subparagraphs.

Case 1:00-cr-00531-WYD

Document 1844

Filed 07/24/2006

Page 2 of 3

2. The government also seeks to withdraw the conviction described at C 1 d (noninstitutional setting) as a basis for the non-statutory aggravating factor of future dangerousness because neither the victim nor police records can be located. 3. The government also seeks to delete the reference to Incident Report No. 731830 at C 1 b (Institutional Setting) and delete the following language: "pounded on the window of his cell door with a cup, breaking the glass." 4. Government counsel has spoken with Patrick Burke, counsel for William Sablan, and he has no objection to the proposed amendments. WHEREFORE, the government respectfully requests that the Court find that good cause has been shown to allow the government to amend its Second Amended Notice as described above and as reflected in the government's Third Amended Notice of Intent to Seek the Death Penalty with regard to William Sablan, attached hereto. Respectfully submitted this 24 th day of July, 2006, WILLIAM J. LEONE United States Attorney

BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government 2

BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

Case 1:00-cr-00531-WYD

Document 1844

Filed 07/24/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO AMEND THE SECOND AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY FOR WILLIAM CONCEPCION with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Attorneys for William Sablan Patrick J. Burke [email protected]

Attorneys for Rudy Sablan Donald R. Knight [email protected] Forrest W. Lewis [email protected]

Nathan Dale Chambers [email protected] [email protected] Susan Lynn Foreman [email protected]

Dean Steven Neuwirth [email protected]

s/ Dorothy Burwell DOROTHY BURWELL Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0400 E-mail address [email protected]

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