Case 1:07-cr-00066-JFM Document 131

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v. SHAWN GREEN Defendant. : : : : : : :

CRIMINAL NUMBER 1:07-00066-JMF-1

NOTIFICATION OF SENTENCING HEARING WITNESSES

In compliance with the court’s Expedited Sentencing Order (Doc # 129), the defendant, Shawn Green, hereby notifies the court that he anticipates calling as witnesses at his sentencing members of his family, a friend of his family, and a long-time friend. The witnesses are Herbert Malone, Linda Watkins, Shaunta Jones and Barrington Carey. Each of these witnesses will tell the court that they have known Shawn Green for an extended period of time and that he has always provided care and nurturing to his family members, including his step daughter and has shown compassion towards those who are less fortunate than himself. The defense anticipates that the testimony will last no more than thirty minutes. With regard to the Presentence Report, the defendant would ask the court to consider the following additional facts. These are not objections to the Guideline Calculation. The Guideline Calculation as prepared by the Probation officer is

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correct and in accordance with the plea agreement. The defense, however, would ask that the Presentence Report be supplemented as follows:

1. The “alias DOB” noted on page 1a is not known to the defendant. He does not recall ever using an alias DOB and requests that this be deleted. 2. ¶ 13: The discussion relating to the mortgage fraud property could be misinterpreted as suggesting that Mr. Green either obtained millions of dollars fraudulently (i.e., the value of the property) or that any lending institution lost millions of dollars, or that these real estate transactions are related to the cocaine conspiracy. None of this is true. What is true is that on several occasions, Ms. Crawley (aided and abetted by Shawn Green to some extent or another) prepared a personal financial statement or a loan application that improperly documented her income or assets. The result is that these properties were purchased through financing at the bank, or were re-financed by a borrower who may not have been qualified. The properties were not “flipped” or re-sold at a loss to the bank. At the time of the defendants’ arrest, the payments on all the property were current. There is no denying that the property was purchased or re-financed on the basis of false documents, but the financial institutions did not lose, and the

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defendants did not gain the amount of money that is associated with each piece of property. 3. The defendant would also note that the sentence envisioned by the plea agreement is above the mandatory minimum sentence and that based on the sentences imposed on his co-conspirators, the mandatory minimum sentence would be a fair sentence that reasonably accounts for his illegal activity. The defendant will submit a sentencing memorandum with letters of support prior to the sentencing hearing. Respectfully submitted GARLAND, SAMUEL & LOEB, P.C.

Donald F. Samuel Ga. State Bar #624475 3151 Maple Drive, NE Atlanta, Georgia 30305 404-262-2225 Fax 404-365-5041 dfs@gsllaw.com  

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Case 1:07-cr-00066-JFM Document 131

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v. SHAWN GREEN Defendant. : : : : : : :

CRIMINAL NUMBER 1:07-00066-JMF-1

CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of this Notification of Sentencing Hearing Witnesses with the Clerk of the Court, using the CM/ECF filing system which will automatically send email notification of such filings to the attorneys of record. This the 25th day of January, 2010.

____________________________________ Donald F. Samuel Ga. State Bar #624475 Attorney for Shawn Green

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