Free Sentencing Memorandum - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona PAUL V. ROOD Assistant U.S. Attorney Arizona State Bar No.004494 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-866-PHX-ROS Plaintiff, v. Renee Eileen Geyer, Defendant. The United States of America, through undersigned counsel and counsel for the defendant JOINT MEMORANDUM OF DISPOSITION

15 Renee Eileen Geyer file this joint memorandum concerning disposition in this matter. The 16 memorandum sets forth the options counsel believe are abatable to the court along with the 17 recommendations of counsel. 18 Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an 19 order based thereon. 20 21 22 23 24 25 26 27 28 Respectfully submitted this 22nd day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona S/Paul V. Rood PAUL V. ROOD Assistant U.S. Attorney S/Tyrone Mitchell TYRONE MITCHELL

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1 Memorandum of Points and Authorities: 2 FACTS: 3 On June 15, 2006, defendant Geyer admitted violating the terms and conditions of

4 supervised release imposed by Judge James A. Tielborg. On July 27, 2006, Judge Tielborg 5 revoked the defendant's supervised release and sentenced defendant to 36 months with the 6 Bureau of Prisons. There was no term of supervised release to follow the incarceration. 7 The defendant appealed, and the Ninth Circuit Court of Appeals reversed and remanded

8 the case to the district court finding the sentence imposed unreasonable. On April 30, 2007, 9 Judge Tielborg recused himself from further action on this matter. It was reassigned to this court 10 for all further proceedings. 11 12 DISPOSITION OPTIONS: 13 The defendant admitted a Grade C violation of supervised release, therefore the options

14 for disposition are set forth in the memorandum from U.S. Probation Officer Myra Roper and 15 they are as follows: 16 17 18 19 1. Revoke supervised release or 2. Extend supervised release and or modify the conditions of supervision. Ms. Roper's report goes on to provide additional guidance to the court. Counsel for the defendant and undersigned counsel discussed the various disposition

20 options at the last court hearing on June 11, 2007. 21 RECOMMENDATION: 22 Defense counsel and counsel for the government have a joint recommendation to present

23 to the court. 1/ 24 25 26 Probation will provide another disposition report. It is believed the recommendation 27 will be for 36 months with the Bureau of Prisons with no supervision to follow. 28
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Counsel recommend to the court either of the following dispositions of this matter:

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A. Impose a guideline sentence of 14 months with 22 months supervised release to

2 follow. As the defendant will have completed this sentence by the July 2, 2007 hearing date, the 3 sentence would be in essence a "time served" sentence with supervised release to follow. 4 B. Revoke the defendant's supervised release and sentence her to 24 months with the

5 Bureau of Prisons with no supervised release to follow. The defendant will have served almost 6 14 months at the time of the disposition hearing on July 2, 2007, therefore, in essence she will 7 have an additional 10 months to serve. 8 Either option takes into consideration the Chapter 7 guidelines of the United States

9 Sentencing Commission Guidelines and also addresses the objectives of Title 18 U.S. C. §3553. 10 The defendant has expressed in the past a desire to be returned to supervision and perhaps

11 additional help with substance abuse. A reinstatement to supervised release would provide this 12 opportunity. 13 A "terminal" disposition, 24 months of prison with no supervised release, would relieve

14 the probation department of the need to spend precious resources on a person they do not believe 15 they can assist. The defendant is a criminal history category VI and it is possible she is unlikely 16 to change her behavior. 17 18 19 20 21 22 23 24 25 26 27 28
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A sentence of 36 months has already been imposed, and rejected as being unreasonable. Respectfully submitted this 22nd day of June, 2007.

DANIEL G. KNAUSS United States Attorney District of Arizona S/Paul V. Rood PAUL V. ROOD Assistant U.S. Attorney S/Tyrone Mitchell TYRONE MITCHELL

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CERTIFICATE OF SERVICE

I hereby certify that on June 22, 2007, I electronically transmitted the attached document to the 3 Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Tyrone Mitchell and Myra Roper. 4 s/Paul V. Rood 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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