Free Sentencing Memorandum - District Court of Arizona - Arizona

1 ERIN M. ALAVEZ ATTORNEY AT LAW 2 2813 E. 22nd St. Tucson, Arizona 85713 3 Tel: (520) 722-0778 Fax: (520) 733-3774 4 AZ-SBN: 021108 5 Attorney for Defendant 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff ) ) ) vs. ) ) ) JOSE RAMON MACHADO-SANCHEZ ) ) ) Defendant ) ___________________________________ ) CASE NO. 04-CR-01029-PHX-MHM

9 UNITED STATES OF AMERICA 10 11 12 13 14 15 16 17 18

SENTENCING MEMORANDUM

HON. MARY H. MURGUIA

Comes now Defendant, by COMES NOW the Defendant, Jesus Hernandez-Rodriguez

19 undersigned hereby submits his sentencing memorandum for the court's review. A 20 memorandum of points and authorities is attached hereto. 21 22 LAW OFFICE OF ERIN M. ALAVEZ, LLC 23 24 25 26 27 28 1 RESPECTFULLY SUBMITTED this 7th day of April, 2006.

sErin M Alavez

Erin M Alavez Attorney for Defendant

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MEMORANDUM OF POINTS AND AUTHORITIES Mr. Machado-Sanchez has plead guilty to illegal use of a communications device in

3 violation of Title 21, United States Code, Section 843 (b), a Class E Felony Offense. This 4 offense took place in 2001 and is therefore quite old. Mr. Machado-Sanchez, however, 5 expressed his desire to accept responsibility and plead guilty pursuant to his plea agreement. 6 7 8 9 10 11 12 13 14 Cir. 2000). Downward departures are acceptable even where the BOP states that they are able to 15 16 17 B. The court should consider Mr. Machado-Sanchez' family ties and responsibilities 18 19 20 when imposing sentence. District courts have statutory authority to depart from the Guidelines when a mitigating take care of any medical problem. U.S. v. Johnson, 71 F. 3d 539, 545 (6th Cir. 1995). The medical records will be available to the court for review at the time of sentencing. USCG §5K2.22 states that "an extraordinary physical impairment may be a reason to impose a sentence below the guideline range; e.g. in the case of a seriously infirm defendant. See: U.S. v. Martin, 363 F. 3d 25, 50 (1st Cir. 2004). In this instance, Mr. Machado-Sanchez has suffered a heart attack, thrombosis and anemia while in the custody of the government. It is anticipated that he will need further medical treatment. There is a high probability that lengthy incarceration will shorted Mr. Machado-Sanchez' life span. See: U.S. v. Gee, 226 F. 3d. 885 (7th A. Defendant Has Extraordinary Physical Impairment and Bad Health.

21 circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing 22 23 24 25 defendant's] individual circumstances. United States v, Estrada-Plata, 57 F.3d 757,763(9th Cir. Commission is present in a case. United States v. Koop, 518 U.S. 81, 116S.Ct.2035, 2044,135 L. Ed.2d 392 (1996); 15U.S.C. '3553(b); U.S.S.G. '5K2.0 this leaves the court AYfree to consider [a

26 1995). It has been uniform an constant in the federal judicial tradition for the sentencing judge to 27 28 2

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1 consider every convicted person as an individual and every case as a unique study in the human 2 3 supra at 2053. 4 5 "...It has been uniform and constant in the federal judicial tradition for the sentencing judge to failings that sometimes mitigate, sometimes magnify, the crime and the punishment to ensue. Koon

6 consider every convicted person as an individual and every case as a unique study in the human 7 failings that sometimes mitigate, sometimes magnify, the crime and the punishment to ensue." 8 9 Floyd, 945 F2d. 1096, 1101fn.3 (9th Cir. 1991), amended by 956F.2d 203; United States v. Rivera, 10 11 12 994f.2d942, 948(1Cir. 1993). Here, Mr. Machado-Sanchez is a long-time resident of the United States with absolutely no A defendant's family ties and responsibilities are grounds for downward departure. United States v.

13 criminal history. His family lives here and he is very close to even extended family members. He 14 15 16 17 upon his release. In the instant case, Mr. Machado-Sanchez respectfully requests this court to consider the also has a longtime girlfriend, Maria Vega, who lives in Mexico and plans to help take care of him

18 forgoing when imposing sentence on April 11, 2006. Mr. Maced.-Sanchez' condition is extremely 19 delicate. He is requesting that the court follow the terms of his plea agreement and sentence him to 20 21 22 23 24 25 26 27 28 3 Hermosillo and live his last days with his family. RESPECTFULLY SUBMITTED this 7th day of April, 2006. LAW OFFICE OF ERIN M. ALAVEZ, LLC a term of time-served. His plan is to return to Mexico where he can be seen by a specialist in

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

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1 Copy electronically sent to: 2 3 David A. Pimsner 4 US Attorney's Office 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 US Probation U.S. District Court

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