Free Motion for Departure - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona PETER SEXTON Assistant U.S. Attorney Arizona State Bar No. 11089 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-02-993-PHX-FJM Plaintiff, v. Adalberto Robles, Defendant. UNITED STATES' MOTION FOR DOWNWARD DEPARTURE FOR COOPERATION AND SENTENCING RECOMMENDATION

The United States requests that the Court depart downward for defendant's cooperation, and further requests that he be given probation with home confinement and community service as additional conditions of probation. Defendant Robles cooperated in the investigation of the unlicensed internet pharmacy called Kwikmed or Cymedic. Defendant was helpful in explaining that he never (1)

20 21 22 23 24 25 26 27 28 these facts became undisputed, the two non-fleeing Canadian co-defendants pled guilty and began cooperating thereafter. Defendant Robles cooperated in a timely manner, and was helpful in getting the matter resolved without a trial. reviewed any patient information or had contact with any patients of the internet site, (2) prescribed any medications, (3) ordered any of the prescription drugs from wholesalers, or (4) authorized his name to be placed on prescription vials as the prescribing physician. After

Case 2:02-cr-00993-FJM

Document 144

Filed 09/30/2005

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Probation, with home confinement and community service is believed to be a fair and just sentence in this matter. Defendant's payment of his tax arrearage before sentencing is another reason to grant him probation, as most defendants awaiting sentencing do not fully address their restitution issues in a timely manner. Respectfully submitted this 30 th day of September, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona S/ Peter Sexton PETER SEXTON Assistant U.S. Attorney

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Case 2:02-cr-00993-FJM

Document 144

Filed 09/30/2005

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S/ Peter Sexton I hereby certify that on September 30, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM /ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: James Metcalf 51 W est Second Street Yuma, AZ 85364 Attorney for Defendant Shawn Shear Probation Officer

Case 2:02-cr-00993-FJM

Document 144

Filed 09/30/2005

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