Free Memorandum - District Court of Arizona - Arizona

Kent & Ryan, P.L.C. 45 West Jefferson, Suite 206 2 Phoenix, Arizona 85003 (602) 277-8888 (office) 3 (602) 253-3108 (fax) [email protected]
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Michael S. Ryan, 018139
Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, Shannon Lee McColery, Defendant. ______________________________ )

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NO. CR-01-175-PHX-ROS DISPOSITION MEMORANDUM

This is the memorandum this Court requested in its August 8, 2005, order proposing a disposition. The Court is strongly urged to sentence Ms. McColery to time served. As the Government points out this Court "has broad discretion in determining how much incarceration time should be imposed." Gov't Memo at p. 3, lns 7-9. Ms. McColery appears deeply committed to recovery. After years of daily use of methamphetamine, she remained drug free from November 22, 2002, to June 28, 2004 ­ over a year and a half. During this time she held two jobs, at Denny's and at Country Kitchen. Both a co-worker and a supervisor have written this Court to attest to her strong work ethic. She was also attending numerous, perhaps too numerous, counseling programs: Terros, TASC, Dove Recovery, and apparently, according to the Probation Department, another program to supplement Dove. Ms. McColery successfully completed Terros. During this time she managed to buy her own mobile home. According to her mother, Ms. McColery was even beginning to help her family financially.

Case 2:01-cr-00175-ROS

Document 48

Filed 08/29/2005

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A confluence of factors conspired, however, to cause Ms. McColery to relapse. At about the time of her relapse, she learned that her step father was diagnosed with a terminal lung disease. Ms. McColery learned that her boy friend had been cheating on her. Keeping her numerous appointments for treatment was hectic and difficult because she did not have her own transportation. Ms. McColery may have fallen off the wagon, but she was making good progress. That should be encouraged with reinstatement without further incarceration to allow her to continuing building her production life while in treatment. Furthermore, Ms. McColery will be on intensive probation for an offense committed before the instant offense as noted in the Probation Office's memorandum. Attached to this memorandum is the minute entry placing her on intensive probation. Thus, she will be heavily supervised, in any event. RESPECTFULLY SUBMITTED this 29th day of August, 2005. KENT & RYAN, P.L.C. s/Michael S. Ryan Michael S. Ryan 45 West Jefferson, Suite 206 Phoenix, Arizona 85003 Electronically filed on 8-29-05

By____s/Michael S. Ryan Michael S. Ryan

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Case 2:01-cr-00175-ROS

Document 48

Filed 08/29/2005

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Case 2:01-cr-00175-ROS

Document 48

Filed 08/29/2005

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