Free Motion for Downward Departure Pursuant to 5K1.1 - District Court of Colorado - Colorado

Case 1:04-cr-00102-WYD

Document 320

Filed 06/02/2006

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

GOVERNMENT'S SECTION 5K1.1 MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE

The United States, by and through Matthew T. Kirsch, Assistant United States Attorney for the District of Colorado, hereby submits the Government's Motion for Downward Departure pursuant to United States Sentencing Guideline Section 5K1.1 and Title 18, United States Code, Section 3553(e). This motion is based on the substantial assistance provided by the defendant in the investigation and prosecution of others. 1. The defendant was initially contacted by law enforcement on October 7,

2003, before any criminal charges had been filed in this matter. On this occasion and on several others prior to the filing of charges, the defendant admitted his participation in the crimes which were later charged. The defendant also provided information which was used to help support the charges filed against the other seven defendants whom have been named in the three indictments later returned in this case.

Case 1:04-cr-00102-WYD

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2.

The defendant was arrested without incident on or about March 12, 2004.

After his arrest, the defendant provided additional information concerning the other defendants in this case. As far as the government can determine, the defendant has provided a complete and truthful account of his own participation and the participation of others in the charged criminal activity. 3. The defendant filed a final Notice of Disposition on January 26, 2006.

Although this was late in relation to the date on which the defendant was indicted, the government believes that the defendant's willingness to testify was a factor in the decisions to plead guilty made by co-defendants William Mendez, Claudia Mendez, and Benedicta Gomez. 4. On March 23, 2006, the defendant pleaded guilty to Count 19 of the Second

Superseding Indictment, which charged him with wire fraud. 5. The defendant has also provided information concerning two other ongoing,

related mortgage fraud investigations. The defendant may testify as a government witness at trial if criminal charges result from any of these investigations. 6. Given the defendant's provision of substantial assistance as described

above, the government believes that a downward departure of 30% from the bottom of the otherwise applicable guideline range is appropriate. 7. If the Court grants the requested departure, the defendant's sentence would

still be reasonable and would otherwise accomplish the statutory purposes of sentencing

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Case 1:04-cr-00102-WYD

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as mandated by Title 18, United States Code, Section 3553(a)(2). THEREFORE, the government respectfully moves the Court to grant a downward departure of 30% from the bottom of the guideline range otherwise applicable to the defendant. Respectfully submitted this 2nd day of June, 2006, WILLIAM J. LEONE United States Attorney

s/ Matthew T. Kirsch MATTHEW T. KIRSCH Assistant U.S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Telephone (303) 454-0100 Facsimile (303) 454-0402 Email: [email protected] Attorney for the Government

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Case 1:04-cr-00102-WYD

Document 320

Filed 06/02/2006

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CERTIFICATE OF SERVICE(CM/ECF) I hereby certify that on this 2nd day of June, 2006, I electronically filed the foregoing GOVERNMENT'S SECTION 5K1.1 MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address: Robert Justin Driscoll [email protected] Robert T. McAllister [email protected] Lisa Monet Wayne [email protected] Elisa Julie Moran [email protected]

and I hereby certify that I have mailed the document or paper to the following nonCM/ECF participant: Ms. Elizabeth Oppenheimer United States Probation Officer 1929 Stout St., Suite C-120 Denver, CO 80294-0101 s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17 th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 [email protected]

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