Free Reply - District Court of Colorado - Colorado

Case 1:00-cr-00150-WYD

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Filed 10/02/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00150-WYD UNITED STATES OF AMERICA, Plaintiff, vs. KARLA F. HASWELL, Defendant.

GOVERNMENT'S RESPONSE TO DEFENDANT'S LETTER The United States of America, by and through Assistant United States Attorney Thomas M. O'Rourke, submits this response to the defendant Karla F. Haswell's letter of September 8, 2006 (document 191). 1. On or about April 12, 2000, a grand jury in this dis-

trict returned an indictment charging Ms. Haswell with several violations of criminal statutes. 2. On June 12, 2001, the defendant pleaded guilty to Counts

5 and 24 of the indictment pursuant to a plea agreement with the government. Those counts charged, respectively, health care

fraud in violation of Title 18, United States Code, Section 1347, and conspiracy in violation of Section 286, Title 18. 3. On October 17, 2001, this court sentenced the defendant

to a five-year term of probation and ordered her to pay restitution in the amount of $524,877.00. In imposing that sentence,

Case 1:00-cr-00150-WYD

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the court granted the defendant's motion for a downward departure from the applicable sentencing guidelines. The court then trans-

ferred jurisdiction of the defendant's probation to the Southern District of Indiana. 4. In a letter to the court dated September 8, 2006, the

defendant asked the court to "consider reducing [her] felony conviction to a misdemeanor." She stated in the letter that she has

been making restitution payments and trying to comply with the other conditions of probation. She said that because of her

felony convictions, she has been "unable to better [herself] and the lives of others" and has been "unable to find a better paying job." She claimed that converting her felonies into a misde-

meanor would allow her to vote, to reapply for military benefits, and "to no longer be considered a felon by society." 5. The request should be denied. There is no legal mecha-

nism by which this court can convert the felonies to which Ms. Haswell pleaded guilty into a misdemeanor. She can obtain relief

from the civil disabilities resulting from her convictions only by a presidential pardon. 902, 903 (2d Cir. 1971). 6. That is not to say the government agrees that Ms. The United States v. Da Grossa, 446 F.2d

Haswell should receive the kind of relief she is seeking.

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Case 1:00-cr-00150-WYD

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defendant's conduct in this case was the type that warranted felony convictions, and those convictions should stand. Respectfully submitted, TROY A. EID United States Attorney By: s/Thomas M. O'Rourke THOMAS M. O'ROURKE Assistant U.S. Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: 303-454-0209 FAX: 303-454-0402 E-mail: Thomas.O'[email protected] Attorney for the United States

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Case 1:00-cr-00150-WYD

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CERTIFICATE OF SERVICE I hereby certify that on this ___ day of October 2006, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT'S LETTER with the Clerk of the Court using the CM/ECF system and I hereby certify that I mailed a copy of that response to the following non-CM/ECF participant: Karla Haswell Adult Service Coordinator Four Rivers Red Door Industries 12765 River Road Shoals, Indiana 47581

s/ Charlotte A. Seaton CHARLOTTE A. SEATON United States Attorney's Office Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: 303-454-0358 Fax: 303-454-0401 [email protected]

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