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 MOTION FOR DOWNWARD DEPARTURE -- CRIMINAL HISTORY OVER REPRESENTED

Defendant, moves this Court for a downward departure pursuant to § 4A1.3(b)(1) on the basis that Defendant's Criminal History category substantially over represents the seriousness of the Defendant's criminal history or the likelihood that the Defendant would commit other crimes. RESPECTFULLY SUBMITTED this 16th day of March 2006.

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

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MEMORANDUM OF POINTS AND AUTHORITIES

I. SHARON HAYNES CRIMINAL HISTORY IS MINOR AND JUSTIFIES REDUCTION TO A CRIMINAL HISTORY CATEGORY I. Sharon has no criminal history as a juvenile. Shortly after turning eighteen (18) Sharon received a conviction for disorderly conduct on July 12, 2002 for which she received twenty-four (24) months probation. Sharon also has a conviction for another disorderly conduct occurring on October 23, 2002 for which she received forty-five (45) days in jail and three (3) years probation and three hundred and fifty dollars in fees. During an approximately three-month period of time, shortly after leaving her home, Sharon Haynes received these two disorderly conduct misdemeanor convictions. The current charge occurs within the time period of Sharon Haynes summary probation. Therefore two points have been added to her criminal history. Consequently, Sharon Haynes has been designated with four criminal history points which brings her to a criminal history category III. The fact that Sharon's criminal history consists of only two disorderly conduct convictions occurring within three months of each other and occurring nearly four years ago, are relevant factors to consider. In addition, these offenses occurred during a time in which Sharon had left an extremely dysfunctional environment (see paragraphs 40 & 41 of the Pre-sentence Report). During this time period Sharon had just turned 18, was attempting to survive in a harsh world, and had left an environment where she had been regularly victimized. Each of these factors creates a mitigating context for her two misdemeanor convictions. A criminal history category III greatly over represents the seriousness of Sharon Haynes's criminal history and also greatly over represents the likelihood she will commit other crimes. Given the mitigating circumstances of the two offenses, a more accurate
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reflection of Sharon's likelihood to re-offend and a more accurate reflection of the seriousness of her criminal history, is a criminal history category 1. Therefore a downward departure pursuant to § 4A1.3 (b) is appropriate. RESPECTFULLY SUBMITTED this 16rd day of March 2006.

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

Copies of the foregoing where CM/ECF on this16th day of March 2006, to: Honorable James A. Teilborg 401 West Washington Phoenix, AZ 85003 Ann B. Scheel Assistant U.S. Attorney 40 North Central Ave., Ste. 1200 Phoenix, AZ. 85004 Guillermo A. Pena U.S. Probation Officer

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