Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 007480 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-1029-PHX-MHM Plaintiff, v. Jose Ramon Machado-Sanchez, aka Jose Ramon Sanchez-Machado, Defendant. The United States of America, by and through undersigned counsel, hereby responds to the Defendant's Sentencing Memorandum, and concurs in its recommendation for a downward departure based on the extraordinary physical impairment of the defendant. The defendant was charged for his role in connection with a ten kilogram cocaine seizure which occurred in 2001. He was not immediately apprehended. The defendant was arrested based on the grand jury warrant on July 5, 2005 while he was entering the United States through the Nogales Port of Entry. Since his incarceration, the defendant has suffered serious physical ailments. Based on a review of medical records and discussions with the United States Marshal Service, the defendant appeared to have suffered a heart attack in January 2006 1 . Treatment included placing stents in his coronary system to maintain blood circulation. Additionally, the defendant suffers from severe anemia with antral ulcers. His condition includes a severe secondary GI bleed and an undetermined mass in his lower upper quadrant. Medical personnel are trying to determine Defense counsel has indicated that she will be filing with the Court relevant portions of the medical records which detail the defendant's physical impairments prior to sentencing. Case 2:04-cr-01029-MHM Document 70 Filed 04/12/2006 Page 1 of 3
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GOVERNMENT'S RESPONSE TO DEFENDANT'S SENTENCING MEMORANDUM

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whether the defendant may be suffering from cancer. The United States Marshal Service has confirmed that since his incarceration, the defendant was required to be transported from CCA to other medical facilities for treatment on fourteen separate occasions. The defendant is currently 66 years old and has been incarcerated for over nine months. U.S.S.G. § 5H1.4 provides that a court may depart downward if the defendant suffers from an extraordinary physical impairment. A departure under U.S.S.G. § 5H1.4 requires a two step process. The District Court should first make a factual finding whether the defendant's physical disabilities constitute an extraordinary impairment and then determine whether the condition warrants a shorter term of imprisonment. See, United States v. Martinez-Guerrero, 987 F.2d 618, 619 (9 th Cir. 1992). The government believes that the facts demonstrate that the defendant suffers from an extraordinary impairment due to his medical condition. Additionally, based on the age of the offense, the age of the defendant and his medical condition, the government believes that a departure is warranted for a sentence of time served followed by a term of supervised release. The defendant will also suffer additional consequences as a result of his conviction. As part of his plea, the defendant has agreed that his conviction constitutes an aggravated felony as that term is defined by the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (1996). As he has been convicted of an aggravated felony, defendant also agreed that his lawful permanent residence status shall be revoked. Additionally, the defendant has agreed not to contest the issue of his removability which will result in his deportation. Accordingly the government recommends a sentence of time served followed by supervised release. Respectfully submitted 12th day of April, 2006.

PAUL K. CHARLTON United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney 2 Case 2:04-cr-01029-MHM Document 70 Filed 04/12/2006 Page 2 of 3

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CERTIFICATE OF SERVICE
I hereby certify that on April 12, 2006, 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: Erin M Alavez Law Office Of Erin Alavez 2813 E 22nd St Tucson, AZ 85713 [email protected]

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