Free Sentencing Memo (Supporting Documents) - District Court of Arizona - Arizona

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LAW OFFICE OF ERIN M. ALAVEZ, LLC Attorney-At-Law nd
2813 E. 22 Street Tucson, Arizona 85713 Telephone (520) 722-0778 STATE BAR NO . 021108 EMAIL [email protected] Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) CASE NO. 04-CR-01029-PHX-MHM ) ) Plaintiff ) ) SENTENCING MEMORANDUM vs. ) ) JOSE RAMON MACHADO-SANCHEZ ) ) ) HON. MARY H. MURGUIA Defendant ) ) UNITED STATES OF AMERICA

COMES NOW the Defendant, Jose Ramon Machado-Sanchez by and through counsel undersigned and hereby submits his sentencing memorandum for the court's review. A

18 19 20 21 22 23 24 25 26 27 28 1 LAW OFFICE OF ERIN M. ALAVEZ, LLC memorandum of points and authorities is attached hereto. RESPECTFULLY SUBMITTED this 12th day of April, 2006.

sErin M Alavez
Erin M Alavez Attorney for Defendant

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1 2 3 4 5 6 7 8 9 10 11 blood pressure, and was being treated with medication. Late in January, he began to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 2 is indicated in the notes as "CA." At the time of his discharge, he was told that he also abdominal mass. On February 6, 2006, Mr. Machado returned to Maricopa Medical Center for suspected internal bleeding. (See Attached Exhibit 4). At that time, he also suffered a right leg thrombosis, anemia, GI bleeding and suspected colon cancer, which Maricopa Medical Center on an emergency basis for suspected myocardial infarction. (Heart Attack, See Attached Exhibit 3). He returned from the hospital on February 2, 2006 after stents were placed on the left side. Mr. Machado was also diagnosed with an complain of chest pain and requested medical assistance. (See Attached Exhibit 1.) CCA was also following up on an abdominal mass which was noted on a prior CT scan. (See Attached Exhibit 2). Finally, on January 31, 2006, Defendant was taken to however, expressed his desire to accept responsibility and plead guilty pursuant to his plea agreement. Mr. Machado-Sanchez, at the time of his incarceration, was suffering from high Mr. Machado-Sanchez has plead guilty to illegal use of a communications device in violation of Title 21, United States Code, Section 843 (b), a Class E Felony Offense. This offense took place in 2001 and is therefore quite old. Mr. Machado-Sanchez, MEMORANDUM OF POINTS AND AUTHORITIES

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had a blockage on the other side of his heart, which is pending further surgery. (See Attached Exhibit 5). Mr. Machado has been taken to the hospital on three separate occasions, and had to be transferred to a physician or other provider on nine other occasions. On the third visit to Maricopa Health Systems, he was told he may have cancer, requires another bypass, and that he continues to suffer a golf-ball sized thrombus of the right leg. Those records are not yet available as it was only less than two weeks ago, however, the notes from February indicate the same. Mr. Machado's pending heart occlusion places him in a dangerous situation. He is taking his prescribed medication and also carries nitroglycerin with him at all times in case he suffers another heart attack. Although CCA has staff to care for Mr. Machado, he is presently at great risk, not only for a heart attack, but the thrombus of his leg,

16 17 18 19 20 21 22 23 24 25 26 27 28 RESPECTFULLY SUBMITTED this 12th day of April, 2006. LAW OFFICE OF ERIN M. ALAVEZ, LLC follow the terms and conditions of his plea agreement and sentence him to time-served. internal bleeding and the possibility of colon cancer place him at even greater risk for more serious, if not fatal, medical complications. For the above reasons, Mr. Machado respectfully requests this honorable court to

Erin M. Alavez,
Erin M. Alavez, Esq. Attorney at Law 3

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Copy electronically sent to: U.S. District Court David A. Pimsner US Attorney's Office US Probation

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