Free Statement - District Court of Colorado - Colorado


File Size: 16.6 kB
Pages: 2
Date: October 25, 2007
File Format: PDF
State: Colorado
Category: District Court of Colorado
Author: unknown
Word Count: 311 Words, 1,945 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/cod/6387/3510.pdf

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Case 1:01-cr-00214-WYD

Document 3510

Filed 10/25/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-CR-214-D UNITED STATES OF AMERICA, Plaintiff, v. 24. Dwayne Van Dyke, a/k/a "NM", Defendant.

DEFENDANT'S STATEMENT REGARDING GOVERNMENT'S MOTION UNDER CRIM.P. 35(b)

The Defendant urges the court to reduce the Defendant's sentence and further comments on the government's Crim.P. 35(b) motion filed herein and as follows: 1. The government has filed a motion (#3508) seeking sentence reduction under

Crim.P. 35(b) of 35 months. The grounds for motion are set forth therein. 2. Since this defendant was sentenced, the sentencing guidelines have become

discretionary. United States v. Booker, 125 S.Ct. 738 (2005). 3. Since the defendant was sentenced, the guidelines for crack cocaine have been

reduced, effective November 1, 2007. This only indirectly affects the statute, however, because the Defendant was a career offender. Guideline §4B.1.1; PSI ¶29. 4. When the government moves for departure the court may depart below the level

the government recommends. 5. For all the above reasons, the court should consider holding what amounts to a

new sentencing hearing, at which time these various positions can be argued and spread before the court in detail. The defendant, who is currently in the Federal Bureau of Prisons in Texas, should be present for the hearing.

Case 1:01-cr-00214-WYD

Document 3510

Filed 10/25/2007

Page 2 of 2

Respectfully submitted,

___/s/ Philip Cherner________________ Philip A. Cherner, #6901 789 Sherman Street, #660 Denver, Colorado 80203 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S STATEMENT REGARDING GOVERNMENT'S MOTION UNDER CRIM.P. 35(b) has been emailed via ECF filing system this 25th day of October, 2007, addressed to all counsel of record: ______/s/ Lisa Cisneros___________