Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona KURT M. ALTMAN Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave, Suite 1200 Phoenix, Arizona 850004-4408 Arizona State Bar No. 015603 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, CR 04-1058-PHX-FJM Plaintiff, v. Charles Tyrone Harris, Defendant. UNITED STATES' RESPONSE TO DEFENDANT'S MOTION FOR DISCLOSURE OF CO-DEFENDANT GAMBLE'S PRE-SENTENCE REPORT GUIDELINE CALCULATIONS AND CRIMINAL HISTORY CATEGORY

The United States of America, by and through its undersigned attorney, respectfully requests this Court deny defendant's Motion for Disclosure of Co-Defendant Gamble's PreSentence Report Guideline Calculation and Criminal History Category. Local Rule of Criminal Procedure 32.1.1 does not allow the disclosure of presentence reports or the information contained therein to unauthorized individuals. L.R.Crim 32.1.1(e)(3). The presentence report is not a public document and is disclosed only to the defense counsel of the defendant to which it pertains and the U.S. Attorney. Id. The report is a confidential record of the Court and cannot be "sought by any applicant except by written petition to this Court establishing with particularity the need for specific information in the records." L.R.Crim 32.1.1(d)(1). Defendant has made no specific and particular showing of need for the presentence report of Mr. Gamble. Defendant simply claims the report is needed to "assure that similar

considerations are afforded him with regards to his sentence for the same conduct that was assessed against Mr. Gamble." See Defendant's Motion p. 2, ln 3-4. Defendant's presentence report contains his offense conduct, his criminal history, and other pertinent sentencing

Case 2:04-cr-01058-FJM

Document 149

Filed 04/27/2007

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considerations unique to him. It is those considerations that will determine defendant's sentence. Gamble's confidential information is not necessary to assure defendant is afforded all the appropriate sentencing considerations. Therefore, for the reasons stated, undersigned counsel respectfully requests this Court deny defendant's motion. Respectfully submitted this 27th day of April, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona /s/ Kurt M. Altman __________________________ KURT M. ALTMAN Assistant United States Attorney

I hereby certify that on April 27, 2007, 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: Anne M. Williams Attorney for Defendant [email protected]

/s/ Joyce Stern ________________________ Joyce Stern

Case 2:04-cr-01058-FJM

Document 149

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Filed 04/27/2007

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