Free Response to Motion - District Court of Arizona - Arizona

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DIANE J. HUMETEW A United States Attorney District of Arizona PAUL V. ROOD Assistant U.S. Attorney Arizona State Bar No.004494 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-1299-PHX-EHC Plaintiff, v. Manuel A. Gamboa, Defendant. The United States of America, through undersigned counsel requests the court to deny the defendant's Motion to Terminate Supervised Release. This response is based upon the following memorandum of points and authorities. Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an order based thereon. Respectfully submitted this 17th day of July, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona s/ PAUL V. ROOD PAUL V. ROOD Assistant U.S. Attorney GOVERNMENT'S RESPONSE TO THE NOTICE OF PETITION AND MOTION TO TERMINATE SUPERVISED RELEASE

Case 2:04-cr-01299-EHC

Document 102

Filed 07/17/2008

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Memorandum of Points and Authorities: Defendant has filed a Motion asking the court to terminate his supervised release. The supervised release was ordered on January 8, 2008. As is stated in the motion, the court indicated that there were predicates to an early termination of supervised release. They were: 1) the completion of 12 months of supervised release by the defendant, and 2) the supervising probation officer from California submitting a report to the court indicating compliance with the terms and conditions of supervised release "without incident". Neither condition has been met as of this time, and the court should deny the motion. Respectfully submitted this 17th day of July, 2008.

DIANE J. HUMETEWA United States Attorney District of Arizona s/PAUL V. ROOD PAUL V. ROOD Assistant U.S. Attorney

CERTIFICATE OF SERVICE 18 19 20 21 22 23 24 25 26 27 28 2 I hereby certify that on 17 th day of July, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Clyde Stephan Munsell. s/Paul V. Rood

Case 2:04-cr-01299-EHC

Document 102

Filed 07/17/2008

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