Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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MICHAEL TERRIBILE 3839 North 3 Street Suite 400 Phoenix, Arizona 85012 (602) 254-5544 (602)254-9263 fax State Bar No. 006725 Attorney for Defendant Hudson IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE DISTRICT OF ARIZONA
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United States of America,
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) ) Plaintiff, ) ) v ) ) ) Danny Lynn Hudson, ) ) Defendant. ) ____________________________ )

Case No. CR04-1065-PHX-DGC

OBJECTIONS TO SENTENCE REPORT

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The defendant, Danny Hudson, submits the following objections to the Pre-Sentence Report:

Offense Level Computations 14. The factual basis of the contained in the change of plea proceedings failed to establish that the weapon at issue was stolen. As a result the level upward adjustment contained in the Pre-Sentence Report is not appropriate. 19. For the reason cited above, the Total Offense Level should be 17.

Case 2:04-cr-01065-DGC

Document 86

Filed 09/01/2006

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Custody 78. Based on a Total Offense Level 17 and Criminal History Category VI, the guideline range for imprisonment is 51-63 months.

Impact of plea agreement 89. Pursuant to the Plea Agreement the parties stipulated to a five level downward departure pursuant to 18 U.S.C. § 3553(a)(2)(D) and §§ 5K2.0(a)(2)(A) and 5H1.4 of the Sentencing Guidelines. Further, the parties stipulated that the sentence shall be no less than 33 months and no more than 60 months. A five level downward departure results in a Total Offense Level 12 and an imprisonment range of 30 to 37 months, with a Criminal History Category VI.
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Circumstances that may warrant departure from USSC Guidelines 91. Pursuant to § 5K2.0(a)(2)(A) the court may depart from the applicable guideline range if there exists mitigating circumstances not adequately taken into consideration by the guidelines. The parties submit that the defendant's medical condition warrant such departure.

Although the plea agreement incorrectly refers to §5K2.0(a)(1)(A, it was the intention of the parties to refer to §5K2.0(a)(2)(A).
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Case 2:04-cr-01065-DGC

Document 86

Filed 09/01/2006

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RESPECTFULLY SUBMITTED this 1st day of September , 2006.

s/Michael Terribile MICHAEL TERRIBILE Attorney for Defendant Hudson

I hereby certify that on September 1, 2006, I electronically transmitted the attached document to the Clerk's office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: The Honorable David G. Campbell U.S. DISTRICT COURT JUDGE [email protected] William Solomon [email protected], [email protected], [email protected] I hereby certify that on September 1, 2006, I faxed and mailed a copy of the attached document to: Elizabeth Gonshak-Peters 401 W. Washington, SPC7, Ste. 160 Phoenix, Arizona 85003-2119 602-322-7409 (fax) By: s/M. Shepard

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Case 2:04-cr-01065-DGC

Document 86

Filed 09/01/2006

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