Free Motion to Vacate (2255) - District Court of Colorado - Colorado

Case 1:00-cr-00526-WDM

Document 430

Filed 01/10/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case Number 00-cr-00526-WDM UNITED STATES OF AMERICA, Plaintiff, v. MAX WILLIAM CHRISP, Defendant. _____________________________________________________________________ MOTION TO CORRECT SENTENCE _______________________________________________________________________ The Defendant, Max William Chrisp, by and through his attorneys, the law firm of Springer and Steinberg, P.C., hereby moves this Court for a prompt hearing pursuant to 28 U.S.C. 2255 to determine the issues and make findings of fact and conclusions of law with respect to the issues presented below. AS GROUNDS THEREFORE, the Defendant states as follows: 1. The Defendant was sentenced on January 28, 2003. Pursuant to that sentence, the Defendant entered the Residential Drug Abuse Program [RDAP] in April 2006. He was then terminated from the Community Transition Phase on June 1, 2006, and denied early release under 18 U.S.C. 3621(e). On September 21, 2006, the Defendant requested Administrative Remedy from that decision. On October 16, 2006, Warden Sherrod responded citing RDAP Program Statement 5330.10, Chapter 6, Page 10, which states that Aan inmate may lose his or her provisional early release at any time for failure to

Case 1:00-cr-00526-WDM

Document 430

Filed 01/10/2007

Page 2 of 3

successfully complete all components of the drug treatment program... or for committing certain prohibited acts.@ On October 20, 2006, the Defendant appealed the Bureau of Prisons (BOP) decision. His appeal was denied on November 3, 2006. 2. Upon information and belief, the BOP decided to terminate the Defendant based upon the charges in Greeley Case 06CR963. That case is set for trial on March 27, 2007. Unless and until a jury returns a guilty verdict, Mr.Chrisp is presumed innocent of those charges. 3. The Defendant seeks a hearing to determine if the BOP=s decision to terminate him from the RDAP was properly made. AUnless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, [and] grant a prompt hearing thereon....@ 28 U.S.C. 2255. WHEREFORE, the Defendant requests this Motion be granted.

DATED THIS 10TH DAY OF JANUARY, 2007..

Respectfully submitted, s/Harvey A. Steinberg Attorney for Max William Chrisp Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, Colorado 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]

Case 1:00-cr-00526-WDM

Document 430

Filed 01/10/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January10, 2007, I electronically filed the foregoing MOTION TO CORRECT SENTENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Gregory H. Rhodes Email: [email protected]

s/Brenda Rodriguez For Harvey A. Steinberg Attorney for Max William Chrisp Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]