Free Motion for Disclosure - District Court of Arizona - Arizona

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ANNE M. WILLIAMS, P.C. Law Office of Anne M. Williams ANNE M. WILLIAMS # 012414 1837 S. Mesa Drive Suite C-100 Mesa, Arizona 85210-6219 (T) 480-926-0902 (F) 480-892-7099 [email protected] Attorney for Charles Tyrone Harris IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, 2:04-cr-01058-002-PHX-FJM Plaintiff, v. CHARLES TYRONE HARRIS, Defendant. (Second Request) MOTION FOR DISCLOSURE OF CO-DEFENDANT GAMBLE'S (001) PRE-SENTENCE REPORT GUIDELINE CALCULATIONS AND CRIMINAL HISTORY CATEGORY OVER OBJECTION OF COUNSEL

Charles Tyrone Harris, through undersigned counsel, moves this Court pursuant to 18 U.S.C. §3553(a)(6) to disclose to counsel for Mr. Harris the pre-sentence report guideline calculations and criminal history category for co-defendant Michael Gamble. Mr. Harris made this request previously (Doc 148) but the request was denied (Doc. 150) pending input from Mr. Gamble. Counsel for Mr. Harris contacted Mr. Gamble's counsel, Mr. Brian Russo, who, in turn, contacted Mr. Gamble. Mr. Russo has relayed to counsel that Mr. Gamble objects to this disclosure. No formal response has

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been filed by Mr. Russo. Previously, AUSA Counsel, Mr. Altman filed a response objecting to Mr. Harris' request (Doc 149). Likely, that objection still stands. Mr. Harris renews his request, over the objections of counsel. And, requests that this Court order the disclosure over those objections. As this Court is aware, Mr. Harris and co-defendant Gamble were charged identically in the same indictment. Thereafter, co-defendant Gamble plead guilty to all twelve counts of the indictment. Mr. Harris plead guilty to nine of the twelve counts. At co-defendant Gamble's sentence, this Court evaluated the criminal conduct of Mr. Gamble, the sentencing guidelines as they apply to all counts, the relative enhancements assessed for other conduct, and imposed an appropriate and just sentence of ninety-months. Other than their criminal history categories, and the fact that Mr. Gamble plead guilty to three additional counts than did Mr. Harris, Mr. Harris and Mr. Gamble are identically situated in this case. Mr. Harris seeks to assure that similar considerations are afforded him with regards to his sentence for the same conduct that was assessed against Mr. Gamble. In order to do that, Mr. Harris requires the report guideline calculations and criminal history category for co-defendant Michael Gamble. Mr. Gamble's criminal history is not privileged in the normal sense of the word. Criminal histories are used in public records for employment, banking and other criminal proceedings. For instance, a defendant's criminal history is a part of the public proceedings in numerous types of trials. They are introduced into evidence, put before the jury and open to any member of the public that may choose to observe the open jury proceedings of this country.

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The government, and all of its subsidiaries including: police departments, city, county, state and other federal agencies, accesses and distributes criminal histories on a daily basis in conducting their business. Given the intended use of these records by Mr. Harris, his request does not differ from the normal intended use of a criminal history record such that Mr. Gamble cannot realistically make a claim of privacy or privilege. Mr. Harris is at an insurmountable disadvantage with regards to his ability to access this information without the assistance of the government (which has been denied) or this Court's order. This disadvantage is one that will result in his inability to legitimately and knowingly argue to this Court his position regarding sentencing. Therefore, it is respectfully requested that this Court order the disclosure of Mr. Gamble's pre-sentence report guideline calculations and criminal history category.

Respectfully submitted: June 1, 2007. /S/ ANNE M. WILLIAMS ANNE M. WILLIAMS, P.C. Copy of the foregoing served this date via transmittal of Notice of Electronic Filing to CM/ECF registrant(s): Mr. Kurt Altman [email protected] Assistant U.S. Attorney Mr. Brian F. Russo [email protected] Counsel for Mr. Michael Gamble Courtesy copy with proposed order provided via e-mail attachment to: Honorable Frederick J. Martone

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[email protected]

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