Free Motion to Dismiss Counts - District Court of Colorado - Colorado

Case 1:04-cr-00102-WYD

Document 325

Filed 06/08/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00102-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. ROGASIANO CALDERA, Defendant.

GOVERNMENT'S MOTION TO DISMISS ALL COUNTS OF THE ORIGINAL INDICTMENT AND THE SUPERSEDING INDICTMENT AS WELL AS COUNTS 13, 14, 20, 23, 24, 27-28, 31-32, and 41 OF THE SECOND SUPERSEDING INDICTMENT

The United States, by and through Matthew T. Kirsch, Assistant United States Attorney for the District of Colorado, hereby moves the Court for an Order dismissing all counts of the original Indictment and Superseding Indictment as well as Counts 13, 14, 20, 23, 24, 27-28, 3132, and 41 of the Second Superseding Indictment returned against the defendant, Rogasiano Caldera. This motion is based on the defendant's guilty plea to Count 19 of the Second Superseding Indictment pursuant to a plea agreement. THEREFORE, the government requests that all counts of the original Indictment and Superseding Indictment as well as Counts 13, 14, 20, 23, 24, 27-28, 31-32, and 41 of the Second Superseding Indictment be dismissed as they pertain to defendant Caldera.

Case 1:04-cr-00102-WYD

Document 325

Filed 06/08/2006

Page 2 of 3

Respectfully submitted this 8th day of June, 2006. WILLIAM J. LEONE United States Attorney

s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

Case 1:04-cr-00102-WYD

Document 325

Filed 06/08/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 8th day of June, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Elisa Julie Moran Elisa Moran, Law Offices of [email protected]

and I hereby certify that I have mailed the document or paper to the following non-participant:. Elizabeth Oppenheimer United States Probation Officer

s/ Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, 7th Floor Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 Email: [email protected]