Free Motion for Disclosure - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ANNE M. WILLIAMS, P.C. ANNE M. WILLIAMS # 012414 [email protected] Attorney at Law 1833 East Baseline Road - PMB 265 Gilbert, Arizona 85233-1545 (T) 480.892.7177 (F) 480.471.6652 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. MOTION FOR DISCLOSURE OF CO-DEFENDANT GAMBLE'S (001) PRE-SENTENCE REPORT GUIDELINE CALCULATIONS AND CRIMINAL HISTORY CATEGORY

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 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.

Case 2:04-cr-01058-FJM

Document 148

Filed 04/14/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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.

Respectfully submitted: April 14, 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 Courtesy copy with proposed order provided via e-mail attachment to: Honorable Frederick J. Martone [email protected]

2

Case 2:04-cr-01058-FJM

Document 148

Filed 04/14/2007

Page 2 of 2