Free Motion for Decrease for Acceptance of Responsibility - District Court of Colorado - Colorado

Case 1:04-cr-00088-REB

Document 38

Filed 11/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00088-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. JON CLARK, Defendant.

GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS

The United States of America, by and through Troy A. Eid, United States Attorney for the District of Colorado, and the undersigned Assistant United States Attorney, hereby enters the Government's motion to grant the defendant a three-level decrease in the offense level for the timely acceptance of responsibility and states to the Court in regard to the defendant's sentencing, as follows: 1. Pursuant to an amendment to the United States Sentencing Guidelines, effective April 30, 2003, the United States must move the Court if, in the opinion of the Government, the defendant is deserving of the three-level decrease for acceptance of responsibility. The Government has determined that the defendant is deserving of the three level reduction in the above captioned case. 2. Therefore, the Government hereby respectfully notifies the Court "that the defendant has assisted authorities in the investigation [and] prosecution of his own misconduct by timely notifying the authorities of his intention to enter a plea of guilty." U.S.S.G. § 3E1.1(b).

Case 1:04-cr-00088-REB

Document 38

Filed 11/30/2006

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3. Accordingly, the Government hereby submits its motion for the Court to grant the defendant a three-level decrease in the offense level. Dated: November 30, 2006. Respectfully submitted, TROY A. EID United States Attorney

By: s/Patricia W. Davies PATRICIA W. DAVIES Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:04-cr-00088-REB

Document 38

Filed 11/30/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 30th day of November 2006, I filed the GOVERNMENT'S MOTION AND NOTICE OF SENTENCING FACTORS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: David Stark, Esq. [email protected]

s/Diana Brown DIANA BROWN Legal Assistant 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected]

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