IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

DEFENDANT JOHN GALLEGOS’ RESPONSE TO GOVERNMENT’S 

SUPPLEMENT TO GOVERNMENT’S OBJECTIONS TO PRESENTENCE 

INVESTIGATION REPORT [DOC. 319]

Defendant John Gallegos, through counsel, hereby submits his Response to the 

Government’s Supplemental Objection to the Presentence Investigation Report [Doc. 

319]. As grounds, Mr. Gallegos states as follows:

1. Based on the discovery related to the original indictment, it is undisputed 

that title for the 6th Avenue property and the Lost Angel properties are clouded. It is also 

apparent, from a review of discovery, that there is no positive equity in either of these 

properties, as a multiplicity of parties have claims against the properties, the aggregate 

value of which claims vastly exceeds the value of the properties.

2. As reflected in the Addendum to the Presentence Investigation Report 

[Doc. 273], Mr. Gallegos has been of the belief that any interest he may have had in 

both of these properties was lost in the bankruptcy proceedings conducted in the District 

of Arizona.

3. Mr. Gallegos is certainly willing to cooperate in any quiet title actions that 

Case No. 1:11-cr-00355-MSK Document 323 filed 08/15/13 USDC Colorado pg 1 of 3
may arise for either property. However, his cooperation comes with the understanding 

that Mr. Gallegos remains unclear as to what, if any, property interest he may have in 

either property, as he thought all had been resolved in the bankruptcy proceeding, and

with the conclusion inevitably to be drawn from discovery provided in this case that any 

interest that he may retain in the properties is worth less than nothing. Undersigned 

counsel recently expressed Mr. Gallegos' willingness to cooperate with any and all 

potential claimants in establishing who owns the properties to an attorney from Snell & 

Willmer who stated that he had contacted counsel on behalf of his client, Chase Bank.1

Respectfully submitted this 15th day of August, 2013.

/s/ William L. Taylor

William L. Taylor, #21098

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728

Ridley, McGreevy & Winocur P.C.

303 16th Street, Suite 200

Denver, CO 80202

(303) 629-9700

 

1

This communication (between defense counsel and the attorney from Snell & Willmer) 

also pertained to the Lost Angel property. It is unclear what role both Aronowitz & 

Mecklenberg and Snell & Willmer have in the Chase Bank representation.

Case No. 1:11-cr-00355-MSK Document 323 filed 08/15/13 USDC Colorado pg 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on this 15th day of August, 2013, I served a true and correct 

copy of the foregoing Defendant John Gallegos’ Response to Government’s 

Supplement to Government’s Objections to Presentence Investigation Report via 

CM/ECF filing addressed to the following:

Linda Kaufman

Martha Paluch

Assistant United States Attorneys

United States Attorney’s Office

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

FAX: (303) 454-0401

E-mail: Linda.Kaufman@usdoj.gov

Martha.Paluch@usdoj.gov

Attorneys for Government

/s/ Holli M.Baker

Holli M. Baker

Case No. 1:11-cr-00355-MSK Document 323 filed 08/15/13 USDC Colorado pg 3 of 3