Free Motion for Hearing on Motion - District Court of Arizona - Arizona

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CLYDE S. MUNSELL Attorney at Law (CA BAR 51213) 284A Third Avenue Chula Vista, CA 91910 Telephone: (619) 224-3151 Facsimile : (619) 224-6775 e-mail: [email protected] Attorney for Defendant, MANUEL A. GAMBOA Pro Hac Vice

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

10 11 12 13 14 15 16 17 18 19 20 21 22 23 witness could testify fully and competently thereto. This Declaration is submitted in support of 24 25 26 27 28 Defendant's Motion to Terminate Supervised Release. As the Court may recall, Defendant has, over the course of the past many months, sought to address various issues related to his conviction and sentence in the above-referenced matter. Most recently, in conclusion to a similar Motion brought before this Court on January 8, 2008, the Court Ordered that the January 2008 Motion was, in essence, premature, but that the Court would consider granting such a request after the Defendant had successfully completed 12 I, GLENN W. CHAROS, under penalty of perjury do hereby declare as follows: I am a duly licensed attorney in the State of California, and the attorney of record for Defendant MANUEL GAMBOA herein. I have full and complete knowledge as to those matters stated herein, where if called as a vs. MANUEL A. GAMBOA, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) CASE NO: CR04-1299-PHX-EHC DECLARATION OF GLENN W. . CHAROS IN SUPPORT OF MOTION TO TERMINTE SUPERVISED RELEASE

Case 2:04-cr-01299-EHC

Document 104

Filed 08/06/2008

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months of supervised release, provided there was indication that the completion of that 12 months was without incident, with Defendant being in compliance of that aspect of his sentence.

3 4 5 6 7 8 9 Report confirming Defendant's performance with that program to date. During that conversation, 10 11 12 13 14 15 16 I declare under penalty of perjury that the foregoing is both true and correct and that this 17 18 19 20 21 22 23 24 25 26 27 28 s/ Glenn W. Charos Glenn W. Charos Attorney for Defendant Gamboa Declaration was executed this 27th day of June, 2008, at Escondido, California. Ms. Boomitay indicated that it was not the policy of the San Diego Office to furnish such written statements, but that it the Arizona Department of Probation, (or alternatively, the Court) were to contact her telephonically, she would verify and confirm that Defendant is, and throughout his term has been in full and complete compliance with all terms and conditions, and service of this supervised release has been without incident. As of the date of this Declaration, Defendant has completed 16 months of supervised release, and s in full compliance with all terms and conditions as were imposed by the Court and/or the Probation Department. On April 23, 2008, this Declarant spoke with the Defendant's supervising Probation Officer, Ms. Boomitay, and requested that she provide the Court with a written Declaration or

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Case 2:04-cr-01299-EHC

Document 104

Filed 08/06/2008

Page 2 of 2