Free Motion for Departure - District Court of Arizona - Arizona

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Darius M. Nickerson BURNS, NICKERSON & TAYLOR, PLC 111 W. Monroe, Suite 1500 Phoenix, AZ 85003 (602) 254-0004 Bar #010078 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Sharon Haynes, et. al. Defendant ) CR04-01050-05-PHX-JAT ) ) ) SENTENCING MEMORANDUM ) ) ) ) ) )

Defendant, moves this Court pursuant to 18 U.S.C. § 3553(a), § 5k 2.0(a), §5H1.3, §5H1.6 and § 5H.12 of the Federal Sentencing Guidelines to effectively reduce Defendants sentence by departing downward. I. BACKGROUND. As is outlined in Sharon's presentence report, she has had a difficult life thus far. She was born to her mother who had just become a teenager at the age of thirteen. Sharon grew up without ever having a place she could really call home. She never had a real mother-daughter relationship. She never really knew her father. Sharon was molested and raped a number of times from the age of four up until the time she became

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an adult. Sharon has not experienced the kind of love and support and other healthy
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relationships that are found in most families. She grew up in an exceptionally dysfunctional environment. Because of the lack of love, caring and consideration in her life, Sharon became very susceptible to the wishes of those who showed her attention. It was in this context that Sharon met Robert Parker. While Robert Parker was in Phoenix he called Sharon Haynes asking her to come to Phoenix. He had told her he would fly her there and they would celebrate her birthday together which was May 31,

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2003. Unknown to Sharon, Robert Parker's actual motive in flying Sharon to Phoenix
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was to have her participate in driving a car which eventually took the robbers of a Bank away. Upon arrival to Phoenix it wasn't long before Sharon realized that she was being asked to participate in conduct that was criminal. However, Sharon was never made aware of the details of the crime. Robert Parker manipulated the insecurity and vulnerability of Sharon Haynes and used his influence upon her in order to get her to do what he wanted. II. § 3553 AUTHORIZES THIS COURT TO DEPART DOWNWARD IN ALLOCATING AN APPROPRIATE SENTENCE FOR SHARON HAYNES. 18 U.S.C. § 3553(a) instructs the Court regarding factors to be considered in imposing a sentence. A general principal that the court should be led by is that "...the court shall impose a sentence sufficient, but not greater then necessary, to comply with the purposes set forth in paragraph (2)...." [of §3553(a)] This Court is able to comply with the purposes set forth in paragraph (2) of subsection §3553 while also reducing its

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sentence to Sharon Haynes based upon this requirement to impose a "sentence sufficient, but not greater then necessary." The circumstances of this offense indicate that Sharon Haynes was used by Robert Parker just as she had been abused and used numerous times in the past. In arriving at a fair sentence § 3553(a)(1) requires the Court to consider the history and characteristics of the Defendant. Sharon's history and her characteristics demonstrate a significant reason

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to depart downward in setting her appropriate sentence.
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Sharon's history shows her to be born into an environment that was hopeless, abusive and ruthless to her. In spite of the relentless level of abuse which Sharon was called upon to endure, she never lashed out nor sought to take revenge on anyone or anything. Neither did she ever exercise aggressive behavior or conduct relative to any other human being whether known to her or a stranger. Sharon has consistently demonstrated the kind of respect to others that she always hoped others would have for her. Sharon's history is not that of a criminal offender or one who targets or preys upon any part of society. Exactly the opposite, Sharon's only prior offenses were offenses where she was actually the victim. A few of Sharon's most prominent characteristics are that she is peace loving, passive, non-confrontational, nonthreatening, easy going, easy to speak with, kind, considerate, and forgiving.

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Sharon's history and her characteristics are factors which justify a downward
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departure pursuant to § 3553(a)(1). Under normal circumstance, a downward departure based upon §5H 1.3 Mental and Emotional conditions, §5H1.6 Family Ties and Responsibilities, and §5H 1.12 Lack of Guidance As a Youth and Similar Circumstances,
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may not be warranted. However, as §5K 2.0(a)(4) points out, these factors, "...may be relevant to this determination only if such offender characteristic or other circumstance is present to an exceptional degree." Based upon Sharon's history and background which demonstrates that these characteristics are present to an exceptional degree, a downward departure is warranted. These factors together with the over-riding principle of imposing, "...a sentence

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sufficient, but not greater than necessary...." are appropriate reasons to depart downward.
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Therefore defendant urges this Court to take into consideration the above mentioned factors pursuant to § 3553(a)(1) and §5K2.0(a) and go outside the suggested sentencing guidelines and impose a sentence below the guideline range. RESPECTFULLY SUBMITTED this_17th _day of March 2006.

s/ Darius M. Nickerson Darius M. Nickerson BURNS, NICKERSON & TAYLOR, PLC

Copies of the foregoing where CM/ECF on this___day of March 2006, to: Honorable James A. Teilborg 401 West Washington Phoenix, AZ 85003 Ann B. Scheel Assistant U.S. Attorney
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40 North Central Ave., Ste. 1200 Phoenix, AZ. 85004 Guillermo A. Pena U.S. Probation Officer

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