Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cr-00050-MSK

Document 43

Filed 06/16/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00050-MSK UNITED STATES OF AMERICA, Plaintiff, v. 1. KHALIF F. SHEPARD, Defendant.

REITERATION OF GOVERNMENT'S POSITION

Comes now the United States of America, by and through Troy A. Eid, United States Attorney and David M. Conner, Assistant United States Attorney, and files this reiteration of its position in this matter. In support of this reiteration the government states as follows: Due to confusion generated by the defendant's most recent pleading, the government hereby reiterates its position regarding the resentencing of the defendant and reincorporates, readopts, and reurges the position set forth in the government's response to defendant's motion for sentencing relief pursuant to 18 U.S.C. § 3582(c)(2) (Court Docket No. 41) previously filed with this Honorable Court on March 19, 2008 in which the government adopted the position that the defendant be sentenced to a term of imprisonment of 151 months imprisonment.

Case 1:04-cr-00050-MSK

Document 43

Filed 06/16/2008

Page 2 of 3

Respectfully submitted, TROY A. EID United States Attorney

By: s/David M. Conner DAVID M. CONNER Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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Case 1:04-cr-00050-MSK

Document 43

Filed 06/16/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 16th day of June, 2008, I electronically filed the foregoing REITERATION OF GOVERNMENT'S POSITION with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Edward A. Pluss, Esq. Federal Public Defender's Office [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 deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant to David M. Conner U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]