ALAN D. BERSIN
United States Attorney
United States District Court
UNITED STATES OF AMERICA,
Case No. 92-0551-3
GOVERNMENT'S MOTION FOR
COMES NOW the United States of America, through its
Because of the sensitive nature of the information contained
DATED this 16th day of September, 1994.
Respectfully submitted,
ALAN D. BERSIN
L. J. O'NEALE
On December 20, 1993, defendant Oscar Danilo Blandon was
Federal Rules of Criminal Procedure, Rule 35(b), states, in
Reduction of Sentence for Changed Circumstances. The
For the reasons stated in the attached Affidavit of L. J.
DATED this 16th day of September, 1994.
Respectfully submitted,
ALAN D. BERSIN
L. J. O'NEALE
County of San Diego
L. J. O'Neale being first duly sworn, deposes and says as
1. I am an Assistant United States Attorney of the Southern
2. On August 12, 1994, Special Agent Charles E. Jones, Drug
3. I have spoken to an Assistant United States Attorney of
4. The consensus of opinion among investigators and
5. Agent Jones and Special Agent Robert Tallez, Immigration
6. Mr. Blandon has been in custody since May 5, 1992. As of
7. Because it would be difficult, if not impossible, to so
8. Because the matters contained herein and in the Motion to
L. J. O'NEALE
Subscribed and sworn to before me
DORIS L. GREENER
Southern District of California
L. J. O'Neale
Assistant United States Attorney
California State Bar Number 7,2143
880 Front Street, Sixth Floor
San Diego, California 92101
(619) 557-7048
Attorney for the United States
Southern District of California
Plaintiff,
v.
OSCAR DANILO BLANDON,
Defendant.
REDUCTION OF SENTENCE
PURSUANT TO FEDERAL RULES
OF CRIMINAL PROCEDURE,
RULE 35(b), AND REQUEST TO
SEAL.
attorney, Alan D. Bersin United States Attorney, Southern
District of California, by L. J. O'Neale, Assistant United States
Attorney, and pursuant to Federal Rules of Criminal Procedure,
Rule 35(b), respectfully moves the court to reduce the
defendant's sentence for changed circumstances, as set forth
below. This motion is based upon F.R. Crim. P., Rule 35(b), the
attached memorandum of points and authorities, the attached
affidavit of L. J. O'Neale, and the complete record of this case.
herein, the United States also requests that the court order this
motion to be kept as part of the record of this case, but be
sealed until further order of the court.
United States Attorney
Southern District of California
Assistant United States Attorney
sentenced by this Court to a term of 43 months' imprisonment, to
be followed by 5 years' supervised release. The Court found that
the defendant had no ability to pay a fine, but ordered him to
pay a $50 special assessment.
pertinent part:
court, on motion of the Government made within one year
after the imposition of the sentence, may reduce a
sentence to reflect a defendant's subsequent,
substantial assistance in the investigation of another
person who has committed an offense, in accordance with
the guidelines and policy statements issued by the
Sentencing Commission pursuant to section 904 of Title
28, United States Code.... The court's authority to
reduce a sentence under this subsection includes the
authority to reduce such a sentence to a level below that
established by statute as a minimum sentence.
O'Neale, the United States respectfully prays that the court
reduce the sentence imposed upon defendant Oscar Danilo Blandon
United States Attorney
Southern District of California
Assistant United States Attorney
AFFIDAVIT OF L. J. O'NEALE
State of California
follows:
District of California, and am assigned to the prosecution of this
case.
Enforcement Administration, provided us with a memorandum
specifying the particular investigations in which Mr. Blandon has
assisted the United States in the time period after the Court
granted the Government's prior motion for a downward departure
pursuant to Sentencing Guideline S5Kl.l, and the nature and extent
of his assistance. A copy of this memorandum is attached hereto as
Exhibit "A;" because Mr. Blandon's attorney has indicated that he
does not need to know the details of Mr. Blandon's cooperation and
assistance, the copy of this motion delivered to him does not
contain this Exhibit.
the Northern District of California as to Mr. Blandon's assistance
in a matter in that district. (This was not included in Agent
Jones' memo, because it was beyond his direct knowledge.) I was
told that Mr. Blandon had testified before the Grand Jury, and had
actively cooperated in the investigation of a significant well-
established drug trafficking organization, that had been the target
of unsuccessful investigation attempts for many years.
prosecutors with whom I have spoken concerning. Mr. Blandon is that
he has been extraordinarily helpful, and that the potential for his
further assistance once he is released from prison is even greater.
and Naturalization Service, inform me that Mr. Blandon wishes to
work as cooperating person after release from prison. Each of
these investigators is, in my opinion, a person with extensive
experience and mature good judgment. Each of these investigators
believes that Mr. Blandon has almost unlimited potential to assist
the United States in the investigation of major drug trafficking
organizations. Their desire, with which I concur, is to enlist Mr.
Blandon as a full-time, paid, informant after his release from
prison.
September 19, 1994, he will have served 28 1/2 months of the 48
month sentence imposed by the Court. I am respectfully requesting
the Court to reduce the Mr. Blandon's sentence to the time served
as of September 19, 1994. (In the normal course of things, Mr.
Blandon would have received good time credits such that this
reduction would reduce his sentence by approximately 12 months
of time actually served.)
use Mr. Blandon were he supervised by United States Probation on
Supervised Release, I am also respectfully requesting that the
Court order that Mr. Blandon's period of Supervised Release be
eliminated (which I believe is permitted under Rule 35).
which this is attached are sensitive, and would endanger Mr.
Blandon and his family if known, I am further respectfully
requesting that the Government's Motion and all attending papers b~
sealed.
this l6th day of September, 1994.
Notary Public