Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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LAW OFFICE OF NEIL C. LABARGE
NEIL C. LABARGE State Bar No. 13920 11 W . Jefferson St., #2 Phoenix, AZ 85003 (602) 252-4090 FAX (602) 252-2111 Attorney for Defendant DeLeon-Ortiz

IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________ NEIL C. LABARGE LAW OFFICE OF NEIL C. LABARGE Defendant. Comes now defendant, through attorney Neil C. LaBarge, and respectfully submits the attached objections to the Pre-Sentence Report. Respectfully submitted this date: December 13, 2005. v. ANTONIO DELEON-ORTIZ, U.S.A., Plaintiff, DEFENDANT'S OBJECTIONS TO PRESENTENCE REPORT No. CR04-709-1-PHX-SMM

Case 2:04-cr-00709-SMM

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Filed 12/13/2005

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OBJECTIONS: It is anticipated that the following objection will affect the guideline calculation: 1) Paragraphs 23, 24 and 25 - Date of birth - The report states that defendant provided a date of birth of October 8, 1975 during the pre-sentence interview, giving the appearance that he was a juvenile at the time of these convictions. However, this is not the only time that defendant has stated that his date of birth is October 8, 1975. As evidenced by the agents' reports, he stated the same to the agents at the time of arrest in this case. Also, in the currently pending supervised release case, CR98-836-1-PHX-ROS, defendant was processed under the same date of birth over seven years ago. Defendant requests that the court take judicial notice of the Pre-Sentence Report and Sentencing Order in that case, as they both indicate a date of birth of 10/8/75. Defendant requests that the court amend the report to reflect a date of birth of 10/8/75, and calculate the criminal history accordingly. This would result in a 4 point criminal history reduction. The defendant would then have a total of 10 points, placing him in category 5.

It is anticipated that the following objections will not affect the guideline calculation. 1) Page 2 - ALIASES - Defendant denies having used the names Antonio Rodriguez, Antonio Ortiz Leon, Delion Antonio, Alex Simpson, "Enano", Antonio O. DeLeon, Miguel Perez Hernandez, Perez Miguel Hernandez, and "Puppet." 2) Page 2 - TATTOOS - Defendant denies that he has a tattoo on his left shoulder. 3) Paragraph 23 - Defendant states that he was not selling marijuana in this offense, but rather went to the scene to purchase marijuana. 4) Paragraph 37 - Before going to live in San Diego, defendant lived in Las Vegas. 5) Paragraph 41 - Defendant denies that he joined any gang. Rather, he states that associated with a group of kids from his neighborhood, but that they were not a gang. "Logan" was not the name of a gang, it was the name of his elementary school a few blocks from his home.

Case 2:04-cr-00709-SMM

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-2Filed 12/13/2005

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6) Paragraph 45 - Defendant last consumed alcohol on the date of the arrest in Yuma County on Disorderly Conduct charges that led to this case. It is believed that that date was March 20. 2004. Respectfully submitted this date: December 13, 2005.

LAW OFFICE OF NEIL C. LABARGE

________________________________ NEIL C. LABARGE

Original filed with the following via ECF this date: December 13, 2005. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Filed 12/13/2005 Gary Restaino, AUSA 40 N. Central Ave., #1200 Phoenix, AZ 85004 Gena Tunder, USPO U.S. Probation Office 401 W. Washington St. Phoenix, AZ 85003 Clerk of the Court 401 W. Washington St. Phoenix, AZ 85003 Copies mailed to the following on this date: December 13, 2005. Hon. Stephen M. McNamee [email protected] Copies faxed to the following on this date: December 13, 2005.

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