Free Response in Support - District Court of Colorado - Colorado

Case 1:04-cr-00050-MSK

Document 42

Filed 06/13/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00050-MSK UNITED STATES OF AMERICA, Plaintiff, v. KHALIF SHEPARD, Defendant. __________________________________________________________________ RESPONSE TO ADDENDUM TO PRESENTENCE REPORT ON MOTION TO REDUCE SENTENCE __________________________________________________________________ Comes now the defendant, Khalif Shepard, by and through is attorney, Edward A. Pluss, and responds to the Probation Department's Supplemental Presentence Report as follows: 1. Previously, on March 11, 2008, the defendant filed a motion for

sentencing relief pursuant to 18 U.S.C. 3582(c)(2) relating to the United States Sentencing Commission lowering the sentencing guidelines for possession with intent to distribute crack cocaine. 2. On March 12, 2008, the Court ordered the probation department to

prepare a Supplemental Presentence Report and ordered the parties to respond to the Supplemental Presentence Report on or before April 22, 2008.

Case 1:04-cr-00050-MSK

Document 42

Filed 06/13/2008

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3.

By inadvertance and mistake, the defendant has not previously

responded to the Addendum to the Presentence Report on Motion to Reduce Sentence pursuant to 18 U.S.C. 3582(c). Parenthetically, the Government has also not previously filed a response to the Addendum to the Presentence Report on Motion to Reduce Sentence 4. The defendant has no objection to the matters contained in the

Addendum to the Presentence Report and requests the Court adopt the recommendation of the Probation Department that the defendant be re-sentenced to a sentence of 121 months on Count 1 and 120 months on Count 2 to be served concurrently for a total sentence of 121 months. The defendant believes this matter is now ripe for ruling. Respectfully submitted,

RAYMOND P. MOORE Federal Public Defender s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:04-cr-00050-MSK

Document 42

Filed 06/13/2008

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CERTIFICATE OF SERVICE I hereby certify that on June 13, 2008, I electronically filed the foregoing RESPONSE TO ADDENDUM TO PRESENTENCE REPORT ON MOTION TO REDUCE SENTENCE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Conner, Assistant U.S. Attorney [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Caryl Ricca, USPO (via email) email: [email protected] Khalif Shepard (Via Mail) Reg. No. 32402-013 c/o FCI Allenwood Medium PO Box 2000 White Deer, PA 17887

s/ Edward A. Pluss Edward A. Pluss Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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