Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3598

Filed 05/23/2008

Page 1 of 3

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00214-WYD-024 UNITED STATES OF AMERICA, Plaintiff, v. 24. DWAYNE VAN DYKE, Defendant. ______________________________________________________________________________ JOINT MOTION FOR RESOLUTI0N OF RULE 35(b) MOTION (DOC 3508) ______________________________________________________________________________ THE UNITED STATES, by United States Attorney Troy A. Eid, through Assistant U.S. Attorney Guy Till, and defendant Dwayne Van Dyke personally and by his attorney, Phillip A, Cherner, Esq., hereby enter this joint motion for resolution of the pending Rule 35(b) Motion. Having discussed the issues, having reviewed the files, and having considered the applicable statutes and rules of procedure fully, the parties state and represent to the Court as follows: 1. This matter is set for hearing on May 30, 2008, at 3:00 p.m. The parties respectfully ask the Court to take judicial notice of the contents of its own files in relation to this case. 2. The parties here jointly request the Court to grant the pending Rule 35(b) Motion, DOC 3508, by reducing the defendant's sentence and imposing a sentence to include a period of imprisonment of 120 months. 3. The parties are in agreement that the Court may enter judgment pursuant to the Rule 35(b) Motion, DOC 3508, without the necessity of a hearing on May 30, 2008.

Page 1 of 3

Case 1:01-cr-00214-WYD

Document 3598

Filed 05/23/2008

Page 2 of 3

4. This joint motion is entered freely and voluntarily after ample consideration. 5. It is so stipulated and agreed. Respectfully submitted,

TROY A. EID UNITED STATES ATTORNEY

BY: s/Guy Till GUY TILL Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0207 FAX: (303) 454-0409 E-mail: [email protected] Attorney for Government

s/Dwayne Van Dyke DWAYNE VAN DYKE Defendant

Date

s/Phillip a. Cherner PHILLIP A. CHERNER, Esq., 06901 789 Sherman Street, # 660 Denver, Colorado 80203 789 Sherman Street, #660 Denver, CO 80203 303-860-7686 303-830-1392 (fax) [email protected]

Page 2 of 3

Case 1:01-cr-00214-WYD

Document 3598

Filed 05/23/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 23rd day of May 2008, I electronically filed the foregoing JOINT MOTION with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: All counsel of record

s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]

Page 3 of 3