1 Hon Judge Thomas Zilly 2 3 4 5 6 UNITED STATES DISTRICT COURT WE

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1 Hon Judge Thomas Zilly 2 3 4 5 6 UNITED STATES DISTRICT COURT WE Powered By Docstoc
					 1                                                        Hon. Judge Thomas Zilly
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 6                             UNITED STATES DISTRICT COURT
                              WESTERN DISTRICT OF WASHINGTON
 7                                      AT SEATTLE
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 9   UNITED STATES OF AMERICA,      )
                                    )                     NO. CR03-187Z
10                       Plaintiff, )
                                    )
11                                  )                     SUBSTANTIAL ASSISTANCE
                                    )                     MOTION
12                                  )
                 v.                 )
13                                  )
                                    )
14   LYNN DEVIN,                    )
                                    )
15                     Defendant.   )
     ______________________________)
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17           The United States of America, by and through John McKay, United States
18   Attorney for the Western District of Washington, James M. Lord, Assistant United
19   States Attorney for said District, and Michael E. Barr, Trial Attorney, Domestic
20   Security Section, Department of Justice, pursuant to Section 5K1.1 of the United
21   States Sentencing Guidelines, respectfully files this substantial assistance
22   motion.
23           Defendant Lynn Devin has provided substantial assistance in the
24   investigation and prosecution of co-defendant Lauryn Galindo, and, thus, the
25   Government recommends that the Court depart downward on this basis from
26   Devin’s otherwise applicable sentencing guideline range. The Government will
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     SU BS TAN TIAL A SS ISTA NC E M OT ION/D EV IN - 1
                                                                                    U.S. Attorney’s Office
     CR03-187Z                                                                  700 Stewart Street, Suite 5220
28
                                                                                  Seattle, WA 98101-1271
 1   address the appropriate extent of any such departure in its sentencing
 2   memorandum.
 3           Devin cooperated fully with the Government in its investigation of Galindo.
 4   Immigration and Customs Enforcement (ICE) agents interviewed Devin on
 5   approximately 5 occasions. During these interviews, Devin provided incriminating
 6   information concerning her sister, Lauryn Galindo, as well as information relating
 7   to associates of Galindo. Devin also executed documents to assist the
 8   Government in obtaining records for Galindo’s offshore accounts. However, the
 9   Government never received these records.
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     SU BS TAN TIAL A SS ISTA NC E M OT ION/D EV IN - 2
                                                                               U.S. Attorney’s Office
     CR03-187Z                                                             700 Stewart Street, Suite 5220
28
                                                                             Seattle, WA 98101-1271
 1           In the course of plea negotiations with Galindo, the Government advised
 2   Galindo’s counsel that Devin had agreed to cooperate against Galindo and had
 3   provided evidence against her. Based on discussions with Galindo’s attorney,
 4   the Government believes that Devin’s cooperation significantly influenced
 5   Galindo’s decision to plead guilty. Galindo’s guilty plea saved the Government an
 6   enormous amount of time and resources in not having to prepare for trial, which,
 7   in all likelihood, would have included taking pre-trial depositions in Cambodia.
 8           DATED this 3rd day of December 2004.
 9                                                   Respectfully submitted,
10                                                   JOHN McKAY
                                                     United States Attorney
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12                                                   s/ James M. Lord
                                                     JAMES M. LORD
13                                                   Assistant United States Attorney
                                                     United States Attorney’s Office
14                                                   WSBA #33683
                                                     700 Stewart Street, Suite 5220
15                                                   Seattle, Washington 98101-3903
                                                     Facsimile: 206-553-4440
16                                                   Phone: 206-553-2389
                                                     E-mail: Jim.Lord@usdoj.gov
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                                                     s/ Michael E. Barr
19                                                   MICHAEL E. BARR
                                                     Trial Attorney
20                                                   Domestic Security Section
                                                     Department of Justice
21                                                   10 th and Constitution Ave. NW
                                                     Washington DC 20530
22                                                   Phone: 202-514-3808
                                                     E-mail: Michael.Barr@usdoj.gov
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     SU BS TAN TIAL A SS ISTA NC E M OT ION/D EV IN - 3
                                                                                      U.S. Attorney’s Office
     CR03-187Z                                                                    700 Stewart Street, Suite 5220
28
                                                                                    Seattle, WA 98101-1271
 1                                 CERTIFICATE OF SERVICE
             I hereby certify that on December 3, 2004, I electronically filed the
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     foregoing with the Clerk of Court using the CM/ECF system which will send
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     notification of such filing to the attorney of record for the defendant. I hereby
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     certify that I have served the attorneys of record for the defendants that are non
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     CM/ECF participants via telefax.
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                                                     s/Stacey Michelson
 8                                                   Stacey Michelson
                                                     Legal Assistant
 9                                                   United States Attorney’s Office
                                                     700 Stewart Street, Suite 5220
10                                                   Seattle, Washington 98101-1271
                                                     Phone: (206) 553-5050
11                                                   FAX: (206) 553-4440
                                                     E-mail: Stacey.Michelson@usdoj.gov
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     SU BS TAN TIAL A SS ISTA NC E M OT ION/D EV IN - 4
                                                                                    U.S. Attorney’s Office
     CR03-187Z                                                                  700 Stewart Street, Suite 5220
28
                                                                                  Seattle, WA 98101-1271

				
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