Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Charles Tyrone Harris, 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-01058-FJM Document 150 Filed 05/03/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 04-1058-PHX-FJM ORDER

The court has before it Harris' motion for disclosure of co-defendant Gamble's presentence report guideline calculations and criminal history category (doc. 148), and the government's response. Harris wants the information to protect against unexplained sentencing disparities under 18 U.S.C. §3553(a)(6). The government responds that the codefendant's presentence report is confidential under LRCrim 32.1.1. The court notes that co-defendant Gamble may himself have an interest in whether or not his presentence report should be disclosed to co-defendant Harris. But the motion does not indicate that it has been served on Gamble's counsel. Before we rule on Harris' motion, Harris should supply us with the position of Gamble's counsel. If there is opposition, Harris should serve the motion on Gamble's counsel so that we can get his written response.

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Whether this motion is granted or denied, the court has an independent obligation to consider 18 U.S.C. § 3553(a)(6) and will itself have access to the reports of all codefendants. The court also notes that Harris is not seeking the entire presentence report, but only that portion containing guideline application. DATED this 3rd day of May, 2007.

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