Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:04-cr-00049-WYD

Document 85

Filed 07/29/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Wiley Y. Daniel Criminal Case No. 04-cr-00049-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. JORGE LAZARO-BAEZ, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER comes before the Court on the Defendant's motion to reopen case and request for appointment of counsel (docket #80), filed June 26, 2008. The Government filed a response in opposition to the motion. For the reasons stated below, I find that the motion should be denied. In the motion, the Defendant requests that I reopen his case and appoint counsel in order for him to relitigate whether he was wrongfully denied the application of the safety valve reduction to his sentence. I note that this matter was previously litigated before this Court as well as the Tenth Circuit Court of Appeals. By way of background, at his sentencing hearing on May 11, 2005, the Defendant filed a motion seeking a reduction in his sentence pursuant to the § 5C1.2 safety valve provision. I denied that request, concluding that the Defendant was not entitled to a reduction in his sentence because his responses to my questions were both evasive and implausible. The Defendant appealed, and the Tenth Circuit affirmed the

Case 1:04-cr-00049-WYD

Document 85

Filed 07/29/2008

Page 2 of 2

Defendant's sentence. United States v. Lazaro-Baez, 2006 WL 1030437 *3 (10th Cir. 2006). After carefully reviewing the pleadings and previous rulings in this case, I find that the Defendant fails to set forth any compelling reason why this matter should be reopened and counsel appointed. Accordingly, the motion is denied. It is ORDERED that Defendant's motion to reopen case and request for appointment of counsel (docket #80), filed June 26, 2008, is DENIED. Dated: July 29, 2008 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge