Free Other Notice - District Court of Arizona - Arizona


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Date: May 3, 2006
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State: Arizona
Category: District Court of Arizona
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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, CR-04-585-PHX-FJM Plaintiff, v. Larry James Rady, Defendant. The United States, through counsel undersigned and pursuant to the plea agreement and U.S.S.G. § 5K2.0, moves for an eight-month downward departure, for a total sentence of 180 months. The government also provides notice with respect to forfeiture of the suppressor. Defendant, an Armed Career Criminal, faces a mandatory minimum sentence of 180 months. In the plea agreement, the government recommends the minimum sentence, which in this case is eight months lower than the low end of the advisory Guideline calculation. 180 months is a reasonable sentence under 18 U.S.C. §§ 922(g)(1) and 924(e) in circumstances such as these, where the circumstances indicate defendant's possession and control over the charged firearms rather than defendant's use of the charged firearms. Furthermore, defendant's actions in accepting the plea in lieu of trial saved the government more than the typical savings associated with a plea. In particular, had this case gone to trial, the government would have had to expend in excess of $4,000.00 for up to two days of trial availability (at $1,500.00 per day) and travel expenses of the private DNA expert from North Carolina. Furthermore, at least two ATF employees would have had to travel from the east coast to present trial testimony. Under
GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE, AND NOTICE WITH RESPECT TO FORFEITURE

Case 2:04-cr-00585-FJM

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1 U.S.S.G. § 5K2.0, an eight-month departure is appropriate for the more-than-usual savings to 2 the government associated with a non-trial disposition in this case. 3 The government also provides notice, with respect to forfeiture, that it has located the

4 owner of the stolen J.P. Mcinenly suppressor, and accordingly will not seek forfeiture of that 5 third party's interest in the suppressor at sentencing. 6 7 8 9 10 11 12 CERTIFICATE OF SERVICE 13 I hereby certify that on this date, I electronically transmitted the attached document to the 14 Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David Fuller. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino GARY M. RESTAINO Assistant U.S. Attorney Respectfully submitted this 3rd day of May, 2006.

Case 2:04-cr-00585-FJM

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