Free Other Notice - District Court of Arizona - Arizona

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 State Bar No. 004723 4 (602) 368-9140 fax 5 6 7 8 9 United States of America, 10 11 13 14 15
v. Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 04-0895-PHX-MHM NOTICE OF CORRECTION TO SENTENCING MEMORANDUM AND OBJECTIONS TO PRESENTENCE REPORT Attorney for Defendant (602) 799-6336 Phoenix, Arizona 85003 Attorney at Law

12 John Everett Langford,
Defendant.

The defendant gives notice of correction to the Sentencing Memorandum filed

16 August 19, 2005. In describing the facts surrounding the fires set by defendant's ex17 wife, undersigned counsel mistakenly switched the identifying references to the two 18 daughters, as explained corrected in the attached memorandum. 19 20 21 22 23 24 25 26 27 28
Copy of the foregoing served electronically by ECF August 31, 2005 to: Joseph E. Koehler Assistant U.S. Attorney and faxed to : Beth Stewart, U.S. Probation Office John Everett Langford, Defendant

RESPECTFULLY SUBMITTED August 31, 2005.

\s Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

Case 2:04-cr-00895-MHM

Document 57

Filed 08/31/2005

Page 1 of 3

1 2

MEMORANDUM Defendant Langford's Sentencing Memorandum contained, in Section II, a brief

3 description of events entitled "Life before Tucson." Therein, on page 3, lines 10-22, 4 there are descriptions of events of fires set by Langford's ex-wife, with references to 5 two daughters of Langford, one by his ex-wife and one by a previous relationship. 6 Undersigned counsel mistakenly switched identifying references to the child daughters 7 in that description. It was I*****, Langford's daughter from a previous relationship, 8 whose life was endangered along with the life of Langford. The paragraph should more 9 accurately read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
II. Langford's Background a. Life before Tucson .... Langford previously had relationships with women which relationships produced a daughter, I****, and a son, C***, out of wedlock (PSR ¶ 34); married Sandra R****** in 1995, had a daughter, T******, and divorced in 1996 (PSR ¶ 33). About 6-7 years ago, while Langford had custody of his first daughter, I*****, and his ex-wife had custody of their child in common, T******, Langford's ex-wife attempted to kill him. She set fire to Langford's residence, jeopardizing Langford's life and that of I*****. Langford recalls running around looking for I****** in the burning house. Subsequently his ex-wife set fire to his car. On a later occasion Langford heard someone at I******'s bedroom window, yelled out asking "who's there?," saw his ex-wife, and called police. Police caught his ex-wife about 1 ½ blocks away with a Molotov cocktail in her possession. His ex-wife was convicted of Arson and sentenced to imprisonment. (PSR ¶ 34.) Langford was then given

Case 2:04-cr-00895-MHM

Document 57

Filed 08/31/2005

Page 2 of 3

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

custody of T******, also. Despite her conviction and imprisonment, his ex-wife and family sought custody of T****** after release from prison and lost. She repeated her efforts several times and eventually a judge gave custody to her. RESPECTFULLY SUBMITTED August 31, 2005.

\s Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

3

Case 2:04-cr-00895-MHM

Document 57

Filed 08/31/2005

Page 3 of 3