Free Reply to Response - District Court of Arizona - Arizona

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Glenn W. Charos Attorney at Law (CA BAR 115501) 220 W. Grand Avenue Escondido, CA 92025 Telephone: (760) 291-1125 Facsimile : (760) 291-1127 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 and does reply to the Opposition to Motion to Terminate, as filed by the Government on July 17, 20 21 22 23 24 25 26 27 28 s/ Glenn W. Charos Glenn W. Charos Attorney for Defendant Gamboa 2008, as hereinafter set forth. Respectfully Submitted this 18th day of July, 2008. COMES NOW the Defendant, Manuel A. Gamboa, by and through undersigned counsel, vs. MANUEL A. GAMBOA, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) CASE NO: CR04-1299-PHX-EHC DEFENDANT'S REPLY TO GOVERNMENT'S OPPOSITION TO MOTION TO TERMINATE SUPERVISED RELEASE

Case 2:04-cr-01299-EHC

Document 103

Filed 07/18/2008

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MEMORANDUM OF POINTS AND AUTHORITIES

1. THE GOVERNMENT'S RESPONSE TO THE MOTION IS WITHOUT ANY FACTUAL BASIS AND CONTRARY TO ITS PRIOR STATED POSITION As noted in the moving papers on file herein, at the time of hearing on January 8, 2008, the Court deemed Defendant's Motion then premature, and indicated that the Court could not entertain such a Motion until such time as Defendant had completed at least 12 months of the period of supervised release as originally imposed. At that time, the Government, when expressly asked by the Court, responded that it would not be opposed to such early termination, provided

10 11 12 13 14 15 16 contrary to the unfounded statement contained in the Opposition filed by the Government in this 17 18 19 20 21 22 23 by Defendant has been without incident, and that Defendant is in complete compliance. This 24 25 26 27 28 same information is available from that officer directly, and is otherwise obtainable through the supervising officer of the Phoenix District of Arizona which has overseen this matter since the date of its commencement. instance. That fact is easily ascertained by the Court in a variety of ways. Firstly, there is an absence of information to the contrary in that the Court has not been apprised of any debilitating conduct by Defendant throughout the subject period. Secondly, as set forth in the Declaration of Glenn W. Charos, Probation Officer Boomitay has advised that Declarant that service of the term there was no information which demonstrated Defendant's violation of the terms and conditions of his supervised release up to such point in time. Defendant began serving his term of supervised release on March 16, 2007, and as such, has now, contrary to the claim of the Government in its Opposition filed herein, successfully completed 16 months of that term. Service by Defendant has been without incident. Again,

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Case 2:04-cr-01299-EHC

Document 103

Filed 07/18/2008

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2. CONCLUSION The Defendant, as a result of the Government's error, had his liberties denied for a period of not 12 months as should have been the appropriate sentence, but rather for nearly 19 months. Defendant has successfully completed an additional 16 months of supervised release, and has served nearly three years for this crime. Mr. Gamboa's successful transition to the community has been amply demonstrated and a continuation of these conditions at this time serves only to

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ Glenn W. Charos Glenn W. Charos, Attorney for Defendant Dated: July 18, 2008 Respectfully submitted, impede his ability to fully integrate into society and to perform job duties freely.

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Case 2:04-cr-01299-EHC

Document 103

Filed 07/18/2008

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