Free Response - 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

PAUL K. CHARLTON United States Attorney District of Arizona GARY M. RESTAINO Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 017450 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Antonio DeLeon-Ortiz, Defendant
GOVERNMENT'S RESPONSE TO DEFENDANT'S OBJECTIONS TO THE PSR

CR04-709-PHX-SMM

The United States, through undersigned counsel, responds to defendant's objection to the criminal history calculation in the PSR. Defendant contends that paragraphs 23, 24 and 25 inaccurately charge him with criminal history points for crimes committed as a juvenile. The government disagrees with respect to paragraphs 23 and 25, and requests that the Court sentence defendant at criminal history category VI. For the purposes of this response the government accepts defendant's proposition that he was a juvenile during the itemized offenses. Paragraph 23 does not charge him with any criminal history points, and may remain unchanged. Paragraph 24 charges him with one criminal history point for a 1994 conviction on which he received no time in prison, and, pursuant to U.S.S.G. § 4A1.2, this point should be removed from the calculation. Paragraph 25 charges him with three criminal history points for a 1993 conviction on which he received a total of 3 years in prison, after revocation of probation. These three points count towards his criminal history because he was tried as an adult and received a sentence greater than 13 months.

Case 2:04-cr-00709-SMM

Document 63

Filed 12/14/2005

Page 1 of 2

1 U.S.S.G. § 4A1.2(a); see also U.S.S.G. § 4A1.2(k)(1) (including imprisonment as a result of 2 revocation as part of the total sentence imposed). 3 Accordingly, the Court should reduce defendant's criminal history score from fourteen to

4 thirteen, resulting in no change to the criminal history calculation. 5 6 7 8 9 10 11 12 GARY M. RESTAINO Assistant U.S. Attorney CERTIFICATE OF SERVICE Respectfully submitted this 14th day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino

I hereby certify that on this date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic 13 Filing to the following CM/ECF registrants: Neil LaBarge. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:04-cr-00709-SMM

Document 63

Filed 12/14/2005

Page 2 of 2