Free Objection - District Court of California - California

Case 3:08-cr-00012-BEN

Document 13

Filed 02/19/2008

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ANTHONY E. COLOMBO JR. California State Bar No. 218411 The Senator Building 3rd Fl. 105 West "F" Street San Diego, California 92101 Telephone: (619) 236-1704 Attorney for Mr. Perez-Bojorquez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE ROGER T. BENITEZ) UNITED STATES OF AMERICA, Plaintiff, v. ELIAZAR PEREZ-BOJORQUEZ, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 08CR00012-BEN DATE: February 25, 2008 TIME: 9:00 a.m. DEFENDANT'S OBJECTIONS TO THE CRIMINAL HISTORY REPORT

TO:

DOUGLAS KEEHN, ASSISTANT UNITED STATES ATTORNEY; AND KELLY PALMER, UNITED STATES PROBATION OFFICER: The defendant, Eliazar Perez-Bojorquez, by and through his counsel, Anthony E. Colombo Jr.,

presents the following objections to the criminal history report. I. LEGAL OBJECTIONS Page 1 of the Criminal History Report reflects that in 1999, Mr. Perez, at the age of 15, was adjudicated a juvenile in violation of California Penal Code § 459. Pursuant to U.S.S.G. § 4A1.1(c), probation scored this juvenile adjudication as one (1) criminal history point. This is incorrect. Pursuant to § 4A1.2(d) of the guidelines, an offense committed prior to the age of 18 is only counted if the instant offense was committed within five years of the imposition of the juvenile sentence. The date of the instant offense used by probation for the purposes of computing criminal history is June 26, 2007. Therefore, the

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Case 3:08-cr-00012-BEN

Document 13

Filed 02/19/2008

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instant offense was not committed within five years of the imposition of the juvenile sentence, and should not score. As a result, Mr. Perez's total criminal history score would be six (6), leaving him in a Criminal History Category of III as calculated in the plea agreement, rather than IV as calculated by probation. II. CONCLUSION Based upon the foregoing, Mr. Perez respectfully requests that the Court sustain his objection to the criminal history report. Respectfully submitted, s/s Anthony E. Colombo Jr. DATED: February 18, 2008 ANTHONY E. COLOMBO Jr. Attorney for Mr. Perez-Bojorquez

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