Free Motion for Consideration - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 122

Filed 11/08/2006

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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.

UNOPPOSED MOTION TO ALLOW FILING OF DEPARTURE MOTION WITHIN SEVEN DAYS OF SENTENCING

COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and moves this Honorable Court to allow the United States to file its motion for downward departure within seven days of sentencing, as follows: 1. This court advised in it's order (Document #'s 103 and 120) that no departure motions

would be entertained unless filed at least seven days before sentencing. The undersigned has an appointment to meet with the defendant and his counsel tomorrow to complete the consideration for a departure motion based on substantial cooperation.. This is six days from sentencing set for Wednesday, November 15, 2006 at 10:00 a.m. 2. It has been difficult to schedule the debriefing given that Mr. Lehman lives quite a

distance from Denver. Rather than move to continue the sentencing once again, the United

Case 1:04-cr-00048-WYD

Document 122

Filed 11/08/2006

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States asks that it be allowed to file it's motion for downward departure within seven days of sentencing, but in no event later than Monday, November 13, 2006. 3. Counsel for the defense has been contacted and has no objection to this request.

Dated this 8th day of November, 2006. 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 122

Filed 11/08/2006

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CERTIFICATE OF SERVICE I certify that on this 8th day of November, 2006, I electronically filed the foregoing UNOPPOSED MOTION TO ALLOW FILING OF DEPARTURE MOTION WITHIN SEVEN DAYS OF SENTENCING 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]

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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