gregory f babcock government sentencing factors

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 12-CR-6102L

GREGORY F. BABCOCK,

Defendant.

STATEMENT OF THE GOVERNMENT WITH RESPECTTO SENTENCING FACTORS

PLEASE TAKE NOTICE, that the government has fully reviewed the

Pre-Sentence Investigation Report ("PSR") submitted by the United

States Probation Department on or about October 11, 2012. The

sentencing guideline calculations contained in the presentence

report are the same as those contained in the plea agreement.

Accordingly, the government has no objection to and adopts the

findings of the PSR.

On August 7, 2012, the defendant entered a plea of guilty to

a violation of Title 21, United States Code, Section 846, as it

related to his participation in a conspiracy to distribute 100

kilograms or more of marijuana. As the PSR indicates, co-defendant

David Winkle was responsible for supplying several individuals,

including the defendant, with large quantities of marijuana which

were later sold in the Western District of New York. The "Offense

Conduct" section, set forth in the PSR at ¶¶ 13 through 44,

Case 6:12-cr-06102-DGL Document 30 Filed 03/05/13 of 4

provides the court with an accurate and detailed description of the

defendant's conduct.

Upon the ground that the defendant has assisted authorities in

the investigation or prosecution of the defendant’s own misconduct

by timely notifying authorities of the defendant’s intention to

enter a plea of guilty, thereby permitting the government to avoid

preparing for trial and permitting the government and the Court to

allocate their resources efficiently, the government hereby moves

the Court to apply the additional one (1) level downward adjustment

for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b).

The defendant is required to pay a $100 special assessment

pursuant to 18 U.S.C. §3013 at the time of sentencing. Immediately

after sentencing, the defendant must pay the amount due by personal

check, cashier's check or certified funds to the United States

District Court Clerk.

It is requested that the Court order that all financial

obligations be due immediately. In the event the defendant lacks

the ability to immediately pay the financial obligations in full,

it is requested that the Court set a schedule for payment of the

obligations.

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In the event present counsel for the defendant will continue

to represent the defendant after sentencing in regard to the

collection of unpaid financial obligation(s), it is requested that

a letter so advising be sent to:

Asset Forfeiture/Financial Litigation UnitU.S. Attorney's Office--WDNY138 Delaware AvenueBuffalo, New York 14202

If a letter is not received within 10 days of sentencing, the

defendant will be directly contacted regarding collection of the

financial obligation(s).

MOTION FOR DOWNWARD DEPARTURE FOR SUBSTANTIAL ASSISTANCE

The government hereby moves for a downward departure in

sentencing pursuant to Guidelines § 5K1.1. The basis of the

motion, along with any sentencing recommendations, are being

supplied to court and counsel under separate cover.

DATED: March 5, 2013

Respectfully submitted,

William J. Hochul, Jr.UNITED STATES ATTORNEY

BY: s/Douglas E. Gregory DOUGLAS E. GREGORYAssistant U.S. AttorneyUnited States Attorney’s Office100 State Street, Room 500Rochester, New York [email protected]

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TO: Robert W. Wood, Esq. Kevin D. Lyons, USPO (via hand delivery)

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

-v- 12-CR-6102DGL

GREGORY F. BABCOCK,

Defendant.

CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2013, I electronically

filed the foregoing (STATEMENT OF THE GOVERNMENT WITH RESPECT TO

SENTENCING FACTORS) with the Clerk of the District Court using

its CM/ECF system which would then electronically notify the

following CM/ECF participants on this case:

Robert W. Wood, Esq.

s/Lou Ann E. ElsaesserLou Ann E. Elsaesser

Case 6:12-cr-06102-DGL Document 30-1 Filed 03/05/13 Page 1 of 1

gregory f babcock government sentencing factors

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