Free Motion for Release from Custody - 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 requests pursuant to 18 U.S.C. § 3622 and 28 CFR § 570.30 et seq., that Defendant be granted an open-ended furlough to transport himself to and from the sentencing hearing for his resentencing. Pursuant to the Ninth Circuit mandate and judgment entered on July 19, 2007, Defendant's convictions and sentence were reversed in part, vacated in part, and remanded to this Court for resentencing. Although this Court has not yet set a date for the resentencing, Defendant requests that when the Court sets that date, the Court also enter an order requesting that the Taft Correctional Institution grant Defendant a furlough beginning immediately and continuing until further order of the Court. Defendant requests that during the furlough he be allowed to travel unsupervised from the Taft Correctional Institution to his wife's home in
Case 2:04-cr-00809-NVW Document 169 Filed 08/21/2007 Page 1 of 5

No. CR-04-00809-PHX-NVW

MOTION FOR OVERNIGHT FURLOUGH

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Phoenix, where he will stay during the duration of the furlough to attend his resentencing hearing. Pursuant to 18 U.S.C. § 3622 and 28 CFR § 570.32, Defendant can be temporarily released for an overnight furlough to appear in a criminal court proceeding, but only when the use of a furlough is requested or recommended by the applicable court. An overnight furlough is warranted when Defendant must travel over 100 miles from the correctional institution and the furlough is needed for more than 16 hours. 28 CFR § 570.31(a)(2). Pursuant to 28 CFR § 570.34 and Taft Correctional Institutional policies, a furlough may be granted to an inmate with "community custody." Defendant is currently one of less than 15 out of 2200 inmates at the Taft Correctional Institution with a "community custody" designation. Taft Correctional Institution has already granted Defendant several day furloughs, and Defendant has abided by all requirements and restrictions placed on him during those day furloughs. Defendant has always returned to the prison prior to his scheduled return deadline. Furthermore, Defendant was on release status from his arraignment on August 18, 2004 until his self-surrender date on March 7, 2006. Defendant was on release prior to his trial and throughout his entire criminal trial. During the approximately two years Defendant was on release during this case, Defendant complied with the law and with all restrictions imposed upon him by this Court. Also, Defendant was not convicted of any violent crimes. At Defendant's initial appearance and arraignment, the government did not object to Defendant being on release. Defendant complied with all pretrial release conditions. Furthermore, at a pretrial
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hearing on April 18, 2005, Defendant requested that he be allowed to travel out of the country to attend his son's wedding. In response the government stated that it had seen no evidence that Defendant posed a flight risk and did not object to the motion. The Court subsequently granted Defendant's motion to travel to Jamaica from May 18th through May 23rd, 2005. Also, this Court previously ordered that Defendant remain on release pending his original sentencing in this matter. At the conclusion of trial and after the reading of the guilty verdict, the Court affirmed Defendant's release pending sentencing. Defendant was originally ordered to self-surrender on January 30, 2006. Defendant then made a motion to extend the time to selfsurrender, which was granted by the Court. Subsequently, at the evidentiary hearing regarding restitution Defendant made a second request to extend the time to self-surrender, which was also granted. The government had no objection to the extension, and Defendant's self-surrender date was again extended until March 7, 2006. Furthermore, Defendant does not pose any danger or risk to the community if granted a furlough. Defendant did not commit any crimes while on release prior to trial, during trial, prior to sentencing and his self-surrender date, nor on any prior day furloughs granted by the prison. Defendant always complied with all of his release conditions. Defendant has done nothing to cause this Court to believe that he is a risk to the community while on release. Due to Defendant's performance while on release status prior to, during, and after trial, and while on prior day furloughs, the fact that he was not convicted of a violent crime, and the fact that he does not pose any danger or risk to the community, Defendant has demonstrated by clear and convincing evidence that he is not likely to flee and does not pose a danger to the
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safety of any other person or the community if he were to be granted the furlough requested herein. Lastly, Defendant's sentence of imprisonment is only for thirty-three months. Defendant self-surrendered on March 7, 2006. 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 the amount of time he has already served. WHEREFORE, Defendant respectfully requests this Court recommend that the Taft Correctional Institution grant Defendant an overnight furlough to transport himself to and from the resentencing hearing. Defendant requests that during the furlough he be allowed to travel unsupervised from the Taft Correctional Institution to his wife's home in Phoenix, where he will stay during the duration of the overnight furlough to attend his resentencing hearing. During the resentencing (if necessary), Defendant would request that the Court issue further orders regarding the furlough. However, it appears Defendant will be resentenced to time served because he has already served 18 months of a 33-month sentence. RESPECTFULLY SUBMITTED this 21st day of August 2007.

ROSENQUIST & ASSOCIATES

By:

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

Case 2:04-cr-00809-NVW

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ORIGINAL filed this 21st day of August 2007 with: Office of the Clerk Arizona District Court ECF System COPY delivered this 21st day of August 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 Andrew Taylor Reg. # 08064-085 CI Taft Correctional Institution P.O. Box 7001 Taft, CA 93268

By:

/s/ Anders Rosenquist

Case 2:04-cr-00809-NVW

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