Free Sentencing Memorandum - District Court of California - California

Case 4:07-cr-00629-MJJ

Document 10

Filed 02/12/2008

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BARRY J. PORTMAN Federal Public Defender JOHN PAUL REICHMUTH Assistant Federal Public Defender 555 12th Street, Suite 650 Oakland, California 94607-3627 Tel. 510-637-3500 Counsel for Defendant FLORES-TORRES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v.

ABEL FLORES-TORRES, Defendant.

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No. CR-07-0629-MJJ DEFENDANT'S SENTENCING MEMORANDUM

Mr. Flores-Torres stands before the court having been convicted pursuant to a plea agreement of a violation of 8 U.S.C. § 1326, Illegal Reentry Following Deportation. The Probation Officer has calculated an adjusted Offense Level of 6 and a Criminal History Category of VI, with a resulting range of 12-18 months prison. The Officer recommends the low-end of the range. It should be noted that Mr. Flores-Torres, while he mathematically belongs in Criminal History Category VI, has a much less severe history than most who inhabit that Category, or even Category V. Mr. Flores-

24 25 26 Torres appears to be an addict with a history of petty thefts. Most of his criminal history points were accumulated through the theft of a package of prawns, 2 bottles of tequila, a razor and cream, a pair

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Case 4:07-cr-00629-MJJ

Document 10

Filed 02/12/2008

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of sandals, and assorted clothes. The defense does not object to the Probation Officer's calculations. It is respectfully requested, however, that Mr. Flores-Torres be sentenced to one year and one day prison, instead of the recommended 12 months, so that Mr. Flores-Torres will be able to earn good time credits. The prosecution has advised the undersigned that it does not object to that request.

Dated: Feb 12, 2008

Respectfully submitted, BARRY J. PORTMAN Federal Public Defender /S/ JOHN PAUL REICHMUTH Assistant Federal Public Defender

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