Free Motion for Departure - District Court of Arizona - Arizona

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FULLER LAW OFFICE, P.L.C. 7551 South Willow Drive Suite 102 Tempe, Arizona 85283 Telephone: (480) 345-1315 Facsimile: (866) 332-4288 DAVID R. FULLER State Bar No. 013007 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) LARRY JAMES RADY, ) ) Defendant. ) ) ) ______________________________) United States of America,

Case No. CR-04-00585-001-PHX-FJM DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE AND SENTENCING MEMORANDUM

Defendant, Larry James Rady, hereby moves for a downward departure that would allow for a sentence of 180 months. Defendant further submits this sentencing memorandum for the Court's consideration, along with the attached Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED this September 13th, 2006.

/s David R. Fuller Attorney for Defendant

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Case 2:04-cr-00585-FJM

Document 89

Filed 09/13/2006

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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE AND SENTENCING MEMORANDUM FACTS: On March 15, 2005 the government filed a two-count supersceding indictment against Mr. Rady charging him with the following: Count I: Count II: Felon/Armed Career Criminal in possession of a firearm; and Possession of an unregistered silencer.

On February 3, 2006 Mr. Rady plead guilty to count I of the supersceding indictment and the forfeiture allegation. In Mr. Rady's plea colloquy he admitted to having possessed four firearms and one silencer. He further admitted to having been previously convicted of five "violent" felonies as defined by 18 U.S.C. 924(e). The statutory minimum sentence is 180 months. The presentence report calculates the USSG advisory sentencing range as being 188 to 235 months. The government and the defense have moved for a downward departure to the statutory minimum sentence of 180 months. ARGUMENT: Mr. Rady has accepted responsibility for constructively possessing a firearm in violation of 18 USC 922(g)(1) and 18 U.S.C. 924(e). The statutory minimum sentence of 180 months is a reasonable sentence in this matter. The circumstances in the case at bar indicate that Mr. Rady constructively possessed the firearms in question, as opposed to using the firearms. Further, in this case, by entering his plea he has saved the government more than the typical savings associated with a plea. As indicated the government's motion for downward departure, his plea and acceptance of responsibility has saved the government many thousands of dollars.

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Case 2:04-cr-00585-FJM

Document 89

Filed 09/13/2006

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CONCLUSION: WHEREFORE, Defendant by and through his undersigned counsel, hereby respectfully requests that this Honorable Court depart downward, if necessary, and sentence Mr. Rady to 180 months in the BOP. RESPECTFULLY SUBMITTED this September 13th, 2006.

FULLER LAW OFFICE, P.L.C.

/s David R. Fuller Attorney for Defendant ORIGINAL electronically filed via CM/ECF and courtesy copy of the foregoing emailed on September 13th, 2006 to: Honorable Frederick J. Martone United States District Court Sandra Day O'Connor U.S. Courthouse 401 West Washington St., SPC 62 Phoenix, Arizona 85003-2158 [email protected] *Hard copy also mailed to the court Larry James Rady *Hard copy only mailed to client Gary M. Restaino Assistant U.S. Attorney [email protected] Jeannie Moreno U.S. Probation Officer [email protected] /s David R. Fuller Attorney for Defendant

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Case 2:04-cr-00585-FJM

Document 89

Filed 09/13/2006

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