Free Motion for Leave to File - District Court of California - California

Case 3:07-cr-03009-BEN

Document 24

Filed 03/31/2008

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Charles N. Guthrie Attorney at Law State Bar N. 76644 121 Broadway, # 531 San Diego, CA 92101 Telephone: (619) 230-8598 Attorney for Carlos Francisco Vizcarra-Santiago

5 6 7 8 9 10 11 12 vs. 13 14 15 16 17 ____________________________________ 18 HERE COMES DEFENDANT CARLOS FRANCISCO VIZCARRA-SANTIAGO, by 19 and through his attorney of record and moves the above entitled court order he be allowed to file 20 his Downward Departure Motion based on Over-representation of Criminal History and Sentence 21 Memorandum late. 22 DECLARATION IN SUPPORT OF MOTION 23 My name is Charles N. Guthrie, and I am Mr. Carlos Francisco Vizcarra-Santiago's 24 attorney of record. I have been engaged in and preparing for several trials within the last month. 25 In addition, I have suffered from a chest cough and illness for several weeks. In order to 26 effectively represent Mr. Vizcarra-Santiago it is necessary to file the above motion for departure 27 downward as to his Criminal History Category as well as his Sentence Memorandum. 28 -107CR 03009 - 01 BEN CARLOS FRANCISCO VIZCARRASANTIAGO, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07 CR 03009 - 01 BEN MOTION FOR LEAVE TO FILE LATE DOWNARD DEPARTURE MOTION BASED ON OVER-REPRESENTATION OF CRIMINAL HISTORY AND SENTENCE MEMORANDUM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 3:07-cr-03009-BEN

Document 24

Filed 03/31/2008

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I believe there will be no prejudice to the prosecution by a late filing of these documents. I certify and declare the above true under penalty of perjury executed this March 31, 2008, in the City of San Diego, State of California. S/ Charles N. Guthrie

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -207CR 03009 - 01 BEN s/Charles N. Guthrie Charles N. Guthrie, Atty at Law ARGUMENT There is little or no prejudice to the prosecution by late filing of defendant's motion for downward departure and Sentence Memorandum. There was a reasonable reason for the late filing and it is necessary for Mr. Vizcarra-Santiago to be represented by way of these motions. Respectfully submitted, March 31, 2008