Free Status Report - District Court of Colorado - Colorado

Case 1:04-cr-00088-REB

Document 35

Filed 09/15/2006

Page 1 of 4

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 STATUS REPORT

COMES NOW the United States of America, by and through the undersigned attorney, and respectfully submits the Government's Status Report to the Court, as follows: 1. On February 26, 2004, defendant Jon Clark waived indictment and made his initial appearance on a single count Information, charging false statements in a report filed with the Securities and Exchange Commission. 2. On April 29, 2004, defendant Jon Clark entered his guilty plea to the Information, and affirmed his agreement to cooperate with the government, including in the case of United States v. David Glen Sherman, 04-CR-104-RB. The government requested that defendant Jon Clark's sentencing take place after the trial or other resolution of United States v. David Glen Sherman, so that defendant Clark could complete his cooperation, and the government could advise the Court fully regarding that cooperation.

Case 1:04-cr-00088-REB

Document 35

Filed 09/15/2006

Page 2 of 4

3. On or about May 28, 2004, the government filed its unopposed motion to continue defendant Jon Clark's sentencing hearing, and as grounds therefor, explained that it sought a sentencing date that would allow Mr. Clark to complete his cooperation in United States v. David Glen Sherman, 04-CR-104-RB, so that the government might fully advise the Court regarding such cooperation at the time of Mr. Clark's sentencing. By order issued June 1, 2004, this Court granted the motion; vacated the July 9, 2004 sentencing hearing date; and directed the government to file a status report in this case "every 60 days or ten (10) days after the completion of the trial in Sherman, or ten (10) days after a notice of disposition has been filed in Sherman." 4. a. The government hereby files its status report, and notes that: On July 18, 2006, the undersigned counsel was advised by counsel for David Sherman that Mr. Sherman had suffered a heart attack and passed away on July 15, 2006. b. On September 1, 2006, the defendant in United States v. Joseph Harold Kiser, 05-CR-278-RB, entered his guilty plea to a charge in connection with that case. With the passing of Mr. Sherman, and the abovereferenced plea resolution in United States v. Joseph Harold Kiser, 05-CR-278-RB, Mr. Clark's cooperation is completed. c. On September 1, 2006, this Court set sentencing in this matter for December 1, 2006.

2

Case 1:04-cr-00088-REB

Document 35

Filed 09/15/2006

Page 3 of 4

5.

Accordingly, this matter will now proceed to sentencing. Respectfully submitted, TROY A. EID United States Attorney

Dated: September 15, 2006

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

3

Case 1:04-cr-00088-REB

Document 35

Filed 09/15/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 15th day of September 2006, I filed the GOVERNMENT'S STATUS REPORT 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/Maggie Grenvik MAGGIE GRENVIK Legal Assistant to Patricia Davies U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0106 Fax: (303) 454-0401 e-mail: [email protected]

4