Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tatia Marie Valenzuela, United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) Case No. CR 04-952-PHX-SMM OBJECTIONS TO PRESENTENCE REPORT BY D EFENDANT VALENZUELA

) ) Defendant. ) ______________________________ )

Ms. Valenzuela pled guilty to Bank Fraud, in violation of 18 U.S.C. §1344(1). The Pre-sentence Report reveals that Ms. Valenzuela is in Criminal History Category I, having no prior criminal history and no pending cases. She has been in custody for a portion of the pendency of this case. The presentence report states that the offense level is 7. According to the Defendant's interpretation, the base level is 6. M s. Valenzuela has agreed to

$41000.00 in restitution per the plea agreement, an addition of 6 levels. The enhancements set forth in paragraphs 42 and 43 are agreed to, for a total of guideline level sixteen. Acceptance of responsibility, which most properly relates to this Defendant, in this case, is a 3 level departure. This yields a guideline level of 13. The requested departure, of perhaps four levels, for aberrant behavior based on Ms. Delgado's clean criminal history, taken together with the factors set forth in the sentencing memorandum previously filed, yields the proper result for Ms.

Valenzuela, offense level 10-12, a grant of supervised release for this first time offender. It is important that Ms. Valenzuela be returned to her home in California so that she can care for her children, seek employment and continue to repay the victims of her crime. It is respectfully submitted that Ms. Valenzuela should be granted probation/supervised release without a term of incarceration.

Case 2:04-cr-00952-SMM

Document 148

Filed 04/23/2007

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Ms. Valenzuela was at BSSW from April 11, 2006 until November 11,2006 when a pretrial violation warrant was executed, and she was taken to CCA. She has been incarcerated/supervised for approximately thirteen months at sentencing. If the Court is inclined to require further incarceration, it is requested she be given credit for time served and that the Court order BOP to find a southern California site for the duration of Ms. Valenzuela's stay, or consider her placement at a similarly situated halfway house for her further period of incarceration.

Respectfully submitted: April 23, 2007. ______________________________ Roger T. Margolis Attorney for Tatia M arie Valenzuela Copy of the foregoing delivered this 23rd day of April, to: Daniel Drake Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Jon P. Evanco U.S. Probation Officer st 401 W est Washington, 1 Floor Phoenix, Arizona 85003 __________________________ BY: ROGER T. MARGOLIS

Case 2:04-cr-00952-SMM

Document 148

Filed 04/23/2007

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