Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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1 §n3(;i.§E.$tA£i§h;na521s CLEH‘KDffD;T1 2005
2 Telephone (treo) 649-3482 BY DPTHICT o1¤§igi;g,$fRT
3 Pro Per Defendant ·————..._____, DEPUTY
4 IN THE UNITED STATES DISTRICT COURT
5 DISTRICT OF ARIZONA
6 UNITED STATES OF AMERICA )
7 ) CR-04-623-03-PHX—SRB
Plaintiff, )
8 DEFENDANT’S MOTION TO
vs. TERMINATE PROBATION
9 DON E. WITT, g
10 Defendant. )
ll I
12
I COMES NOW the defendant, representing myself, who respectfully requests that
p 13 this Honorable Court terminate my probation pursuant to Rule 32.l(b) ofthe Federal
I 14 Rules of Criminal Procedure and 18 U.S.C. §3564(c). In support of this Motion, I state:
is 1. On June I7, 2004, I entered a plea of guilty to one count of healthcare fraud in
i 16 violation of IS U.S.C. §l347, a Class D felony.
17 2. I was sentenced on December I3, 2005, to a three year term of probation and a
18 $2,5000.00 fine and placed under the supervision ofthe U.S. Probation Office for the
19 United States District Court for the District of Arizona.
20 3. The statute governing early termination of probation, 18 U.S.C. §3564(c)
21 provides in pertinent part that the court may terminate a term of probation at any time
22 after the expiration of one year of probation in the case of a felony if it is satisfied that
23 such action is warranted by the conduct of the defendant and the interest of justice.
24 4. In October 2005, I paid off my $2,5000.00 fine.
25 5. My wife, Lise Witt, spoke to Scott Reardon, my probation officer. He reviewed
26 my file, verified that I had paid my fine in full, and stated that he did not oppose early
27 termination of my probation.
28 Case 2:04-cr—00623-SRB Document 94 Filed 12/21/2005 Page 1 of 3

i 1 6. Ashley Adams-Feldman, the Assistant U.S. Attorney on my ease, is no longer
2 employed by the U.S. Attomey. The U.S. Attorney’s Office told my wife that Mr.
3 Reardon should call Assistant U.S. Attorney Howard Sunkenic. She informed Mr.
4 Reardon who called Mr. Sunkenic and left him his name and phone number. Based upon
1 5 infomation and belief] Mr. Sunkenic has not spoken to Mr. Reardon regarding this
1
1 6 Motion.
1 7 7. I have been on probation since December 13, 2004, and have proven that I meet
8 the criterion based on my good conduct for early termination of my probation under 18
9 U.S.C. §3564(c).
10
11 WHEREFORE, I respectfully request that, in the interest of justice, the Court grant my
12 motion for early termination of probation pursuant to 18 U.S.C. §3564(c) and Rule
13 32.1(b).
14 Respeetiirlly submitted this Euday of December, 2005
1 ry"
16 By O . F /L//?~·—
“ Q /
Don E. Witt `
17
18
19 Ori inal ofthe foregoirig Motion
@@5 and-delivered is Qhlay
20 s 5 cember, 2005, to:
21 Clerk of CoLu·t
Sandra Day O’Connor U.S. Courthouse
22 suite 130
401 West Washington Street - SPC 1
23 85003-2118
24 Co . ofthe fore oing Motion
wgh and-deliérered this iirday
25 o ecember, 2005, to:
26 U.S. Attorney/I
ATTN: Mr. oward Sunkenic
27 Two Renaissance Square
28 40 North Central Avenue, Suite 1200
Case 2:04-cr—00623-SRB Document 94 Filed 12/21/2005 Page 2 of 3

1 Phoenix, Arizona 85004-4408
Scott Reardon
2 U.S. Probation Office
230 N. First Avenue, Suite 406
3 Phoenix, Arizona 85003
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Case 2:04-cr-00623-SRB

Document 94

Filed 12/21/2005

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Case 2:04-cr-00623-SRB

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Case 2:04-cr-00623-SRB

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