Free Motion for Decrease for Acceptance of Responsibility - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 125

Filed 11/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00048-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. DAN LEHMAN, Defendant.

GOVERNMENT'S MOTION FOR DEFENDANT TO RECEIVE THE THIRD LEVEL FOR ACCEPTANCE OF RESPONSIBILITY UNDER U.S.S.G. §3E1.1(b)

The United States of America (Government), by and through Troy A. Eid, United States Attorney for the District of Colorado, and the undersigned Assistant United States Attorney, hereby enters the Government's motion to grant the defendant a three level decrease in the offense level for the timely acceptance of responsibility and states to the Court in regard to the defendant's sentencing, as follows: 1. Pursuant to a recent Amendment to the Sentencing Guidelines, effective April 30, 2003, the United States must move the Court if, in the opinion of the Government, the defendant is deserving of the three level decrease for acceptance of responsibility. The Government has determined that the defendant is deserving of the three level reduction in the above captioned case.

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Case 1:04-cr-00048-WYD

Document 125

Filed 11/15/2006

Page 2 of 3

2. Therefore, the Government hereby respectfully notifies the Court "that the defendant has assisted authorities in the investigation [and] prosecution of his own misconduct by timely notifying the authorities of his intention to enter a plea of guilty." U.S.S.G. § 3E1.1(b). 3. Accordingly, the Government hereby enters its motion for the Court to grant the defendant a three level decrease in the offense level. Respectfully submitted, TROY A. EID United States Attorney BY: s/ Mark J. Barrett MARK J. BARRETT Assistant United States Attorney United States Attorney's Office 1225 Seventeenth 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-00048-WYD

Document 125

Filed 11/15/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 15th day of November, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION FOR DEFENDANT TO RECEIVE THE THIRD LEVEL FOR ACCEPTANCE OF RESPONSIBILITY UNDER U.S.S.G. §3E1.1(b) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Harvey Steinberg [email protected]

s/Diana Brown DIANA BROWN Legal Assistant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0401 E-mail: [email protected]

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