Free Response - District Court of Arizona - Arizona

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Anders Rosenquist Jr., Bar No. #002724 ROSENQUIST & ASSOCIATES ATTORNEYS AT LAW 80 East Columbus Phoenix, AZ 85012 TELEPHONE: (480) 488-0102 Attorney for Defendant-Appellant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANDREW TAYLOR, Defendant-Appellant. Defendant, Andrew Taylor (hereinafter "Defendant"), through undersigned counsel, hereby submits his response to the probation department's request that the September 11, 2007 resentencing hearing be continued for sixty (60) days. Defendant objects to the request and asks that it be denied for the following reasons. The issue of Defendant's prior convictions in Island County and Snohomish County and the inability to calculate when each sentence ended and whether each sentence fell within the fifteen (15) year cutoff applied to prior convictions used for sentencing enhancement, was fully presented and argued at the original sentencing on December 12, 2005, over a year and half ago. It is hard to believe that the government did not obtain a copy of Defendant's file regarding those convictions at that time. If the government failed to do so at that time, the issue was again
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No. CR-04-00809-PHX-NVW

OBJECTION TO REQUEST FOR CONTINUANCE

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vigorously pursued and argued on appeal. This again brought the issue to the government's attention a second time and gave the government a second opportunity and reason to obtain a copy of the file regarding the Washington convictions. However, the government has apparently waited until September 5, 2007, just six days prior to the resentencing, to conveniently decide to pursue obtaining a copy of the file while requesting that Defendant remain locked up for an additional sixty days to accommodate the over one and half year delay. Even if the government obtains a copy of the file it is likely that no new information will be gleaned other than what was presented at the original sentencing and on appeal, which was insufficient for the government to sustain its burden. As reflected in the 9th Circuit's Memorandum Opinion, at oral argument, "The government concede[d] it cannot prove that at any point during Taylor's incarceration he began service the Snohomish County sentence rather than the Island County sentence." Furthermore, Defendant's current sentence of imprisonment is only for thirty-three (33) months. Defendant self-surrendered on March 7, 2006, and therefore has currently served nearly eighteen (18) months in prison. Should his resentencing be continued for another two months, Defendant will have served over twenty (20) months imprisonment. There is a substantial likelihood that due to the Ninth Circuit's reversal of several of his convictions and sentencing enhancements, he will be resentenced to a length of imprisonment less than that amount of time, and therefore should not be required to remain in prison any longer waiting for the government to retrieve documents at this late date which they have made no efforts to obtain over the past year. Lastly, this Court denied Defendant's request for furlough and as a result he has already

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been transported to the Florence prison complex where will be required to await his resentencing hearing. WHEREFORE, Defendant respectfully requests this Court deny the request for a continuance of the September 11, 2007 resentencing hearing, and instead move forward with resentencing as scheduled on September 11th. RESPECTFULLY SUBMITTED this 6th day of September 2007.

ROSENQUIST & ASSOCIATES

By:

/s/ Anders Rosenquist Anders V. Rosenquist Attorney for Defendant

ORIGINAL filed this 6th day of September 2007 with: Office of the Clerk Arizona District Court ECF System COPY delivered this 6th day of September 2007 to: John Robert Lopez, IV John Joseph Tuchi US Attorney's Office Two Renaissance Square 40 N. Central Avenue Suite 1200 Phoenix, AZ 85004-4408
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Andrew Taylor Reg. # 08064-085 CI Taft Correctional Institution P.O. Box 7001 Taft, CA 93268

By:

/s/ Anders Rosenquist

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