Free Sentencing Memorandum - District Court of Arizona - Arizona

Rena P. Glitsos
45 W. Jefferson, Suite 512 Phoenix, AZ 85003 (602) 528-0882 AZ State Bar No. 013009 Attorney for Defendant [email protected] IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

________________________________________ ) ) UNITED STATES OF AMERICA ) ) Plaintiff, ) ) v. ) ) BUCK SHORT, ) Defendant. ) ) _______________________________________ )

No. CR 00-00269-001-PHX-SRB

SENTENCING MEMORANDUM

Defendant Buck Short hereby submits the attached memorandum for the Court's consideration in connection with sentencing in the above-referenced cause number. RESPECTFULLY SUBMITTED this 11th day of April, 2006 By /s/ Rena P. Glitsos

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MEMORANDUM On October 7, 1985, in the United States District Court in Portland, Oregon, defendant Buck Short was convicted of bank robbery in 85CR95-02 and sentenced to 20 years in the Bureau of Prisons. He was released to Community Corrections Center in Phoenix, Arizona in February of 2000 and soon thereafter he left the facility, remaining out of custody until September of 2005 when he self surrendered. Mr. Short was out on escape status for over five years and in that time he avoided picking up any new charges. In September of 2005, Mr. Short made arrangements on his own volition and through his family to self surrender to the U.S. Marshal's Office on the warrant issued in this cause number which is based on the escape for leaving the Community Corrections Center on February 18, 2000. Mr. Short turned himself into the Marshal's Office with the assistance of undersigned counsel. He wanted to resolve this matter as he was tired of living on the run and his elderly mother was experiencing health problems. He didn't want her to suffer additional stress due to his status as an escapee and he wanted to be able to see her. As long as he remained at large he would be unable to have contact with his family as doing so could draw them into his predicament and he didn't want that happen to his ailing mother or his sister. Mr. Short and his family are from Arizona and his mother and sister still reside here. He is now 53 years old. It is his firm desire to pay the penalty for his escape and to resolve any outstanding matters that may exist in connection with his bank robbery charge so he can get on with his life and to alleviate any stress his mother and sister may have experienced as a result of his actions. 2

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Mr. Short walked away from the community center shortly after entering the facility because he knew that his urine test would come back dirty for marijuana. Rather than waiting to see what would happen as a result of the dirty UA, he fled in order to avoid the consequences. According to Mr. Short, he was released to the center in anticipation of his being released on parole. The center was to help him prepare for the adjustment to life outside of prison. Unfortunately, Mr. Short used marijuana and then panicked about the possible consequences. Mr. Short experienced many traumatic experiences during his extensive years in prison, both while serving his sentence on the bank robbery and for prior convictions that are now too old for consideration in this case. As a result, he apparently suffers from post-traumatic stress disorder which causes him to panic in the face of adversity. Mr.. Short does not present this to the Court as an excuse but to explain his actions in this case. It is significant that Mr. Short avoided any new charges while out on escape status. Mr. Short has spent much of his life behind bars and the fact that he was never arrested or charged with any new crimes during the five years plus that he remained out demonstrates his ability to conduct himself more appropriately than he had in the past. Mr. Short is not asking the Court to "reward" him for his good behavior while out on escape but he asks the Court to take into consideration the fact that prior to his escape he had found it difficult to stay out of trouble. His lack of additional charges, along with his unsolicited self surrender, illustrate his ability to act more maturely than he had in the past. The plea agreement in this case calls for a sentence of time served. According to the report prepared by the U.S. Probation Office for purposes of a settlement conference, Mr. Short falls under criminal history category III and the total offense level is 7, resulting in a sentencing 3

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range of 4 to 10 months. Mr. Short has been in custody since September of 2005 and thus has spent over 6 months in custody on this matter. The initial offer in this case stipulated to a sentence in the middle of the guideline range. Sentencing Mr. Short to time served will accomplish the same thing and is appropriate considering his lack of new charges and the fact that he took it upon himself to self surrender. At the time of drafting this memorandum, it is unclear to undersigned counsel just what the status is on the underlying bank robbery case. It may be possible that intervening modifications in the sentencing guidelines have resulted in a more lenient sentencing range for Mr. Short. Counsel is still in the process of trying to ascertain whether any time remains for him to serve on that matter. Based on the fact that Mr. Short managed to avoid being charged with any new matters during his period of escape and his unprovoked self surrender, the defense respectfully moves the Court to sentence Mr. Short to time served in accordance with the plea agreement. RESPECTFULLY SUBMITTED this 11th day of April, 2006

By /s/ Rena P. Glitsos I hereby certify that on April 11, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal to the following CM/ECF registrant: Thomas Simon, Esq. Assistant United States Attorney Two Renaissance Square 40 N. Central Phoenix, AZ 85004

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