Unopposed Motion for Leave to File Sentencing-Related Filings — No. 1:24-cr-00113 (Dkt. 103, D. Colo.)

Summary

Unopposed Motion for Leave to File Sentencing-Related Filings, Document 103 in Case No. 24-cr-00113-NYW in the District of Colorado, filed 03/13/25 by the Federal Public Defender on behalf of the defendant, with the government not opposing. After the Court sua sponte continued sentencing from March 20, 2025 to June 27, 2025 in a minute order issued before the revised March 10, 2025 deadline for sentencing-related motions, defence counsel acknowledges wrongly assuming that the deadline had also been vacated. Counsel asks leave to file sentencing positions 21 days before the hearing, consistent with the Court's original deadline at Doc. 54, or on or before June 6, 2025, citing Mempha v. Ray, 389 U.S. 128 (1967) on the critical nature of sentencing. A certificate of service dated March 13, 2025 notes service on the prosecutors and on counsel for a co-defendant.

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“Unopposed Motion for Leave to File Sentencing-Related Filings — No. 1:24-cr-00113 (Dkt. 103, D. Colo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/unopposed-motion-for-leave-to-file-sentencing-related-filings-no-1-24-e1a0b6ee8d/, SHA-256 45ee3a1b2658648e72e3860abe1024f586bb6f4d44e84071312b4ccfaa86e8f8.

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Case No. 1:24-cr-00113-NYW Document 103 filed 03/13/25 USDC Colorado pg 1
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CASE NO. 24-cr-00113-NYW

UNITED STATES OF AMERICA,

Plaintiff,

1. JON M. HALLFORD,

Defendant.

UNOPPOSED MOTION FOR LEAVE TO FILE
SENTENCING-RELATED FILINGS

Jon M. Hallford, through his attorney, Laura H. Suelau, respectfully moves this Court for leave

to file sentencing positions or other motions pertaining to sentencing at a time consistent with the

new sentencing hearing date of June 27, 2025. The government, through Assistant United States

Attorneys Tim Neff and Craig Fansler, do not oppose this request. In support of this Motion, Mr.

Hallford states:

1. As outlined in this Court’s Minute Order, Doc. 102, this Court sua sponte continued

sentencing from March 20, 2025, to June 27, 2025. Doc. 93.

2. That Order was issued before the revised March 10, 2025, deadline for sentencing-

related Motions.

3. Counsel erroneously assumed, but should have verified, the Court’s Order also vacated

the deadline for the parties’ sentencing-related filings. Given this Court’s Order, counsel understands

that assumption was misplaced.

4. Now, consistent with this Court’s Order, counsel moves for leave to file sentencing-

related filings before the current June 27, 2025, sentencing date. Counsel respectfully requests to file
Case No. 1:24-cr-00113-NYW Document 103 filed 03/13/25 USDC Colorado pg 2
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sentencing-related filings 21 days before the currently-scheduled sentencing hearing, or on another

date deemed appropriate by this Court. 1

5. The filing of sentencing motions in advance of sentencing, but closer in time to that

hearing, allows those filings to be responsive to any changes relevant to the 18 U.S.C. § 3553(a) factors

that may occur between now and June 27, 2025.

6. Counsel’s effective preparation and filing of sentencing-related documents is essential

to ensuring Mr. Hallford’s Due Process rights at the critical sentencing stage of his case. See Mempha

v. Ray, 389 U.S. 128 (1967) (“[our precedent] illustrates the critical nature of sentencing in a criminal

case and might well be considered to support by itself a holding that the right to counsel applies at

sentencing.”).

7. For the foregoing reasons, counsel respectfully seeks leave to file sentencing-related

filings on or before June 6, 2025.

Respectfully submitted,

VIRGINIA L. GRADY
Federal Public Defender

s/ Laura H. Suelau
LAURA H. SUELAU
Assistant Federal Public Defender
633 17th Street, Suite 1000
Denver, CO 8020
Telephone: (303) 294-7002
FAX: (303) 294-1192
laura_suelau@fd.org
Attorney for Defendant Jon Hallford

1
Twenty-one (21) days is consistent with this Court’s original deadline for sentencing filings. Doc. 54.
2
Case No. 1:24-cr-00113-NYW Document 103 filed 03/13/25 USDC Colorado pg 3
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CERTIFICATE OF SERVICE

I hereby certify that on March 13, 2025, I filed the foregoing Unopposed Motion for Leave
to File Sentencing-Related Filings with the Clerk of Court using the CM/ECF system, which will
send notification of such filing to the following email addresses:

Craig Fansler, Assistant United States Attorney
Email: craig.fansler2@usdoj.gov

Tim Neff, Assistant United States Attorney
Email: tim.neff@usdoj.gov

Robert C. Melihercik
Email: chaz@meliherciklaw.com
Attorney for Carie Hallford

I hereby certify that I have mailed or served the document or paper to the following participant
in the manner (mail, hand-delivery, etc.) indicated next to the participant’s name:

Jon M. Hallford (via U.S. Mail)

s/ Laura H. Suelau
LAURA H. SUELAU
Assistant Federal Public Defender
633 17th Street, Suite 1000
Denver, CO 80202
Telephone: (303) 294-7002
FAX: (303) 294-1192
laura_suelau@fd.org
Attorney for Defendant Jon Hallford

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