Free Motion to Reduce Sentence - District Court of Colorado - Colorado

Case 1:04-cr-00070-RPM

Document 981

Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00070-RPM UNITED STATES OF AMERICA, Plaintiff, v. 6. WARREN WILLIAMS, Defendant.

GOVERNMENT'S MOTION FOR FURTHER SENTENCING REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE

The United States of America, by and through the undersigned Assistant United States Attorney for the District of Colorado, hereby moves for a further sentencing reduction on behalf of the defendant Warren Williams, pursuant to the provisions of Fed.R.Crim. P. 35(b). As grounds for this motion, the government states as follows: 1. Defendant Williams, as set forth in the attached Judgment and Commitment

Order, was sentenced on December 23, 2004, to a term of 18 months for his conviction on Count One of the Indictment in this matter. 2. At the time of this defendant's sentencing, he had provided substantial

cooperation resulting in a 25% reduction of his sentence. Defendant Williams'

Case 1:04-cr-00070-RPM

Document 981

Filed 12/22/2005

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cooperation has continued following his imprisonment, and has resulted in the prosecution of numerous others involved in this fraud. a. In particular, as of this filing and subsequent to defendant's sentencing, defendant has continued to cooperate in two separate cases involving HUD fraud, Case Nos. 04-cr-00463-MK and 04-cr-00465-WM. b. Defendant Williams' cooperation has included being debriefed multiple times by attorneys and investigators on both cases, during which defendant provided specific information regarding the conduct of persons charged in both cases referenced above. Defendant's cooperation in this regard has facilitated guilty pleas from at least fifteen (15) defendants in those cases. c. Additionally, defendant will testify as an important witness for the government at trial in the above-referenced cases, which are scheduled to be conducted beginning in April 2006, and October 2006, respectively. 3. As outlined above, defendant's cooperation, including important

information that he has provided and his known role as a witness in the government's prosecution of the above-referenced cases has been a significant factor in the government's ability to successfully prosecute others involved in perpetrating fraud in the HUD/FHA program. Without defendant's cooperation, it is unlikely that law enforcement would have been able to bring this many of the participants to justice.

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Case 1:04-cr-00070-RPM

Document 981

Filed 12/22/2005

Page 3 of 4

WHEREFORE, and for the reasons set forth, the government hereby moves the Court to reduce defendant William's sentence by an additional 4 months, in consideration of his substantial and continuing assistance to the government. Respectfully submitted this 22nd day of December, 2005. WILLIAM J. LEONE 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-00070-RPM

Document 981

Filed 12/22/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of December, 2005, I electronically filed the foregoing GOVERNMENT'S MOTION FOR FURTHER SENTENCING

REDUCTION PURSUANT TO RULE 35(b), FEDERAL RULES OF CRIMINAL PROCEDURE with the Clerk of the Court using the CM/ECF system which will send
notification of such filing to the following e-mail addresses: R. Scott Reisch

[email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant's name:

Warren Williams FMC Fort Worth
Federal Medical Center P.O. Box 15330 Fort Worth, TX 76119

s/Joyce Hegge JOYCE HEGGE Legal Assistant to Patricia Davies United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone (303) 454-0100 Fax (303) 454-0401 E-mail address [email protected]

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