Free Motion to Supplement - District Court of Colorado - Colorado

Case 1:00-cr-00227-EWN

Document 63

Filed 03/28/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-227-N UNITED STATES OF AMERICA, Plaintiff, v. STEVEN WYRICK, Defendant.

DEFENDANT'S SUPPLEMENT TO MOTION FOR RETROACTIVE APPLICATION OF SENTENCING GUIDELINES TO CRACK COCAINE OFFENSE BASED UPON 18 USC 3582 (c)(2)

COMES NOW, Defendant Steven Wyrick, by and through his attorney, John Mosby, and respectfully supplements his Pro Se Motion filed on February 28, 2008, (Doc # 61) captioned by the Court as Motion For Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense based upon 18 USC 3582(c)(2). 1. This attorney has reviewed the Indictment, Presentence Investigation

Report, Memorandum of Sentencing Hearing and Report of Statement of Reasons, Sentencing Minutes, and Judgment in a Criminal Case along with all other documents in the case file. 2. This attorney has also interviewed the Defendant via telephone, discussed

his case and his pending motion. 3. Defendant's pro se Motion is well drafted, citing all applicable case law

and correctly states that the Amendment to the Crack Sentencing Guidelines entitle him to a 2 level reduction of his base offense level and that he is entitled to be re-sentencing. (See, page 2 of pro se motion ­ doc #61)(Also see, U.S.S.G. App. C, Supp. Amend. 706; U.S.S.G § 2D1.1 (2007).

Case 1:00-cr-00227-EWN

Document 63

Filed 03/28/2008

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4.

Based upon the Amendment to the Crack Sentencing Guidelines and

Defendant's new offense level 27, the new sentencing range should be between 120 ­ 150 months. 5. Defendant is requesting that this Court re-sentence him at the bottom of

the Guidelines range, consistent with his previous sentence, to a term of imprisonment of 120 months. Wherefore, Defendant moves this Court for retroactively apply the amended crack cocaine guidelines to his sentence, issue an Order for a new Presentence Investigation Report, if necessary, and issue an Amended Judgment in a Criminal Case re-sentencing the Defendant to 120 months.

DATE: March 28, 2008

Respectfully submitted, s/ John Mosby John Mosby Attorney for Defendant Wyrick 621 17th Street, Ste. 925 Denver, CO 80293 303.623.1355

Case 1:00-cr-00227-EWN

Document 63

Filed 03/28/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of March 2008, I electronically filed the foregoing document entitled, DEFENDANT'S SUPPLEMENT TO MOTION FOR RETROACTIVE APPLICATION OF SENTENCING GUIDELINES TO CRACK COCAINE OFFENSES 18 USC 3582 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following via e-mail: AUSA Robert C. Troyer Via U.S. Mail Defendant Steven Wyrick

s/ John Mosby John Mosby