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Chief Judge Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

HENRY CARL ROSENAU,

Defendant.

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NO. CR06-157MJP

PROPOSED NEUTRAL

STATEMENT OF CASE

The United States of America, by and through Jenny A. Durkan, United States

Attorney for the Western District of Washington, and Susan M. Roe and Marc A. Perez,

Assistant United States Attorneys for said District, and proposes the following Neutral

Statement of the Case for use by the Court, with the understanding that the factual paragraph

will be included in the reading of Jury Instruction 1.2 - The Charge, after the introductory

paragraph which begins “This is a criminal case being brought by the United States

government.” and before the second paragraph which begins “The defendant has pleaded not

guilty ...”

The defendant is accused of being part of a group of people who smuggled marijuana

from Canada into the United States in 2004 and through September 21, 2005. The marijuana

was packaged in 50 pound hockey bags and flown across the border on helicopters. Some

group members loaded the marijuana onto the helicopters in Canada. Other group members,

who were in the United States, took the marijuana off of the helicopters and delivered it to

GOVERNMENT’S PROPOSED NEUTRAL

STATEMENT OF THE CASE/ ROSENAU- 1

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 111 Filed 04/18/12 Page 1 of 3
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other people. The defendant is alleged to be one of the pilots who flew helicopters with

marijuana loads from Canada into the United States.

DATED this 18th day of April, 2012.

Respectfully submitted,

JENNY A. DURKAN

United States Attorney

s/Susan M. Roe

SUSAN M. ROE

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Telephone: (206) 553-1077

Fax: (206) 553-0755

E-mail: Susan.Roe@usdoj.gov

/s/ Marc A. Perez

MARC A. PEREZ

Assistant United States Attorney

United States Attorney’s Office

1201 Pacific Avenue, Suite 700

Tacoma, Washington 98402

Telephone: (253) 428-3800

Fax: (253) 428-3826

E-mail: Marc.Perez@usdoj.gov

GOVERNMENT’S PROPOSED NEUTRAL

STATEMENT OF THE CASE/ ROSENAU- 2

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 111 Filed 04/18/12 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that on April 18, 2012, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of such filing to

the attorney(s) of record for the defendant(s). I hereby certify that I have served the

attorney(s) of record for the defendant(s) who are non-participants of CM/ECF via telefax.

/s/ Rachel McDowell

RACHEL MCDOWELL

Legal Assistant

United States Attorney’s Office

1201 Pacific Avenue, Suite 700

Tacoma, Washington 98402

Telephone: (253) 428-3800

Fax: (253) 428-3826

E-mail: Rachel.McDowell@usdoj.gov

GOVERNMENT’S PROPOSED NEUTRAL

STATEMENT OF THE CASE/ ROSENAU- 3

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 111 Filed 04/18/12 Page 3 of 3