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

Case 1:04-cr-00048-WYD

Document 124

Filed 11/13/2006

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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.

MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE

COMES NOW the United States of America (hereinafter the "Government"), by and through the undersigned Assistant United States Attorney, and moves this Honorable Court, pursuant to plea agreement and the defendant's cooperation, to depart downward from the otherwise applicable sentencing guideline sentence of 70 months to 35 months (50% reduction) as follows: 1. On Thursday, November 9, 2006, the parties met to take the cooperation of the

defendant in this case. Mr. Lehman answered all questions put to him by the undersigned concerning his drug dealing activities, and specifically, who the source was of the 1400 grams of methamphetamine found in his home in February, 2004. He provided as much information as could reasonably be expected considering the passage of time, concerning the name, description and location of the individual who provided him the drugs (the largest quantity he ever received from that individual). The drugs were obtained in Greeley, Colorado, but not at a location which was a residence. Said information will be provided to the DEA for future intelligence, and

Case 1:04-cr-00048-WYD

Document 124

Filed 11/13/2006

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confirms what is already known concerning Greeley becoming a major supply city for methamphetamine (See, e.g., United States v. Valle-Sierra, 06-cr-00431-MSK). 2. Also, inuring to the defendant's benefit ought to be considered that he has

abandoned his motion to suppress in this case. If that had been pursued, it might have successfully suppressed the evidence in this case. If not, he still might have been eligible for acceptance of responsibility and "safety valve" even if he took his case to trial. See U.S.S.G. § 3E1.1, Note 2. As such, his withdrawing of the motion ought to be considered superlative acceptance of responsibility and his cooperation ought to be similarly weighted in his favor. 3. The United States therefore abides by it's commitment in the plea agreement and

moves the court to depart downward 50% from the otherwise available guidelines sentence of 70 months to a sentence of no more than 35 months. Wherefore, premises considered, the United States respectfully requests that the Court accept the parties' agreement and sentence the defendant to 35 months in prison. 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 124

Filed 11/13/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of November, 2006, I electronically filed the foregoing MOTION FOR DOWNWARD DEPARTURE BASED ON SUBSTANTIAL ASSISTANCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Harvey Steinberg [email protected] U.S. Probation Via Email: [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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