Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3584

Filed 04/22/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00214-WYD-10 UNITED STATES OF AMERICA, Plaintiff, v. 10. FREDRIC WILLIAMS, Defendant.

GOVERNMENT'S RESPONSE TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3562)

The United States of America, by District of Colorado United States Attorney Troy A. Eid, through Assistant U.S. Attorney (AUSA) Guy Till (Government), hereby respectfully files this response to the issue of the defendant's possible relief pursuant to Title 18 U.S.C. § 3582, as directed in the Minute Order dated March 24, 2008. (DOC 3565). 1. The Government respectfully asks the Court to take judicial notice of the contents of its own files in relation to this case. Defendant has requested a reduction of sentence, pursuant to Section 3582(c)(2), based on Amendment 706 to the Sentencing Guidelines, which lowered the base offense levels applicable to cocaine base ("crack") offenses.

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Case 1:01-cr-00214-WYD

Document 3584

Filed 04/22/2008

Page 2 of 3

2. The defendant was sentenced as a career offender under color of U.S.S.G. Section 4B1.1.3. Amendment 706 does not reduce the guideline range applicable in his case; therefore, the court may not consider whether to reduce this defendant's sentence at this time Respectfully submitted this 22nd day of April 2008. TROY A. END UNITED STATES ATTORNEY

BY: s/ Guy Till GUY TILL Assistant United States Attorney United States Attorney's Office District of Colorado 1225 17th Street, Suite 700 Denver, CO 80202 (303) 454-0100 [email protected]

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Case 1:01-cr-00214-WYD

Document 3584

Filed 04/22/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of April, 2008, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3562) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Lynn Anne Pierce Butler, Landrum & Pierce P.C. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated: None

s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant Assistant United States Attorney 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]

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