Free Sealed Document - District Court of Arizona - Arizona

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6 UNITED STATES DISTRICT COURT
, 7 DISTRICT OF ARIZONA
0 United States of America, 0 `
9 CR—04-0965-PHX-SMM
Plaintiff,
10 v. UNITED STATES’ OBJECTIONS TO
THE PRESENTENCE REPORT
ll Fabian Franco-Saenz, (Under Seal)
12 Defendant.
13, The United States of America respectfully responds objections to the Presentence
14 Investigation Report (PSR) .
15 1. FACTUAL CORRECTIONS TO PSR
. 16 There are few minor changed to the offense conduct. In PSR 1] l0, there were 56 aliens
17 found at the residence and an additional four people were charged as defendants. In PSR 1] ll,
18 there were two loaded handguns found at the scene. In PSR 1] 12, l8—21 "Roxo" should be
19 replaced with "El Rojo".
2Q W"hen the defendant was initially interviewed for the PSR, his father was not working on
21 a cattle ranch. The defendant’s father was incarcerated in federal prison under the name Jacinto
22 Pardo—Ramirez for Re-entry after Deportation (he has a prior alien smuggling conviction
23 froml996) from February 2003 until May 2004. PSR 1] 68.
24 Since the original PSR was prepared, the defendant’s aunt Julieta Franco-Beltran was
25 arrested in March 2005 and charged in two separate indictments regarding her alien smuggling
0 26 activities in 2003 and 2005. She was convicted at trial in one matter and pled guilty in the
27 second matter. She is now serving approximately 12 years in federal prison. See PSR 1] 70.
28
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1 The defendant states he began working in the fields at age 10. However, the defendant’s
2 juvenile records indicate he was in the United States from 1995 until 2003 with the exception
3 of 1996 and 1997. PSR 11 68. The defendant also attended some school in the United States as
- 4 lssac Middle School has records for him. PSR 11 77.
if 5 The defendant claims that he was never used illegal substances, however, one ofthe victims
6 at the stash house identified him as the person who forced him to smoke a marijuana cigarette.
1 7 Psa 76.
8 2. OFFENSE LEVEL COMPUTATIONS
9 Four additional smugglers were charged in relation to this defendant’ s case. In CR-05-225-
i 10 PHX-RGS, four reports for settlement conferences were prepared and the calculations in that
11 case differ from the calculation in this case. It is the United States position that the Hostage
12 Taking guidelines set out in U.S.S.G. Section 2A4.1 should be used to calculated the defendants
13 offense level since the original PSR did not include increases for bodily injury or sexual assault
' 14 or role. The original PSR calculated the defendant’s offense level using the sexual assault
15 guidelines in U.S.S.G. Section 2A3.1A .
= 16 Respectfully submitted this Q day of October, 2006.
17
PAUL K. CHARLTON
18 United States Attorney
19 District of Arizona
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24 Alex Navidad
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26 Albert Candelaria
27 U.S. Probation
I 28 2
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Case 2:04-cr-00965-SMM

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Case 2:04-cr-00965-SMM

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