Free Objection to Presentence Investigation Report - 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

CHARLES M. McNULTY
State Bar No. 06707 337 North Fourth Avenue Phoenix, Arizona 85003-1571 (602) 262-4224 [email protected]

Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. ERICK MONTIEL-LOPEZ, Defendant.

No. CR 04-594-02-PHX-ROS OBJECTIONS TO PRESENTENCE REPORT

Defendant Erick Montiel-Lopez hereby objects to par.18 adding 4 levels for brandishing or otherwise using a firearm. None of the witnesses state that Montiel-Lopez brandished a firearm, that is, that he waved or flourished it menacingly. No one accuses him

22 of using a firearm, either. He is described variously as carrying a gun, carrying a rifle, or 23 carrying a rifle around the house. This activity is possession of a firearm, not brandishing or 24 otherwise using. Montiel-Lopez should have 2 levels added (not 4), and as the resulting 25 offense level is less than 18, 3 levels should be added increasing the offense level to 18. Sec. 26 2L1.1(b)(4)(C). 27

The granting of this objection results in a level 15, with Criminal History IV,

28 resulting in a guideline range of 30-37 months.

1

Case 2:04-cr-00594-ROS

Document 111

Filed 12/07/2005

Page 1 of 2

1

Excludable delay under 18 U.S.C. §3161(h)(1)(F) and (8)(A) will occur as a result

2 of this motion or from an order based thereon. 3 4 5 6 7 8 9

RESPECTFULLY SUBMITTED this 7th day of December, 2005.

s/Charles M. McNulty CHARLES M. McNULTY Attorney for Defendant

CM/ECF registrant:

Joseph E. Koehler Assistant U.S. Attorney 11 Two Renaissance Square 40 North Central Avenue, Suite 1200 12 Phoenix, Arizona 85004
10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

s/Charles M. McNulty

2

Case 2:04-cr-00594-ROS

Document 111

Filed 12/07/2005

Page 2 of 2