Free Settlement Conference - 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 Fax: 866.332.4288 David R. Fuller (AZ Bar#: 013007) ATTORNEY FOR: DEFENDANT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, No. CR 04-585-PHX-FJM Plaintiff, vs. LARRY JAMES RADY, Defendant. Defendant, by and through his undersigned counsel, hereby moves this Honorable court to enter an order setting this matter for a settlement conference and ordering the U.S. Probation Department to prepare a settlement conference report to advise the parties of Mr. Rady's likely exposure if convicted. This request is made pursuant to Local Rule 1.17(d)(24) of the Rules of Practice of the United States District Court for the District of Arizona. 1. The trial in this matter is currently scheduled for February 7, 2006 at 9:00 a.m. in Phoenix, Arizona. A change of plea hearing is currently scheduled for January 13, 2006 at 3:30 p.m. 2. On December 16, 2005, this matter was set for a change of plea. At that time, the parties informed this Honorable court that there were some uncertainties regarding DEFENDANT'S MOTION FOR SETTLEMENT CONFERENCE

Case 2:04-cr-00585-FJM

Document 76

Filed 12/27/2005

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Mr. Rady's potential exposure under the anticipated applicable statutes and sentencing guidelines. 3. Specifically, the parties realized that there may be an issue as to whether the Career Offender (U.S.S.G. sec. 4B1.1) sentencing guideline may apply; consequently, the court continued the change of plea to January 13, 2006. This honorable court also posed several questions to counsel, including whether or not the maximum exposure under 18 U.S.C. 924(e) (Armed Career Criminal Act) was life in prison. 4. To date, the parties have been under the impression that the Career Offender guideline (U.S.S.G. sec. 4B1.1) is not applicable because of the age of Mr. Rady's alleged priors. 5. If U.S.S.G. sec. 4B1.1 is determined to be applicable, it will significantly impact Mr. Rady's exposure and alter the current intent of the parties with respect to their proposed plea agreement. 6. Defense counsel and the government's attorney have been in regular communication regarding this issue and agree that a preliminary report prepared by the U.S. Probation Office may be informative on this issue. 7. Counsel for the government, Gary M. Restaino, does not object to this request for a settlement conference and for a settlement conference probation report estimating the sentencing guidelines applicable in the instant case prepared by the U.S. Probation Office.

Case 2:04-cr-00585-FJM

Document 76

Filed 12/27/2005

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8.

Undersigned counsel expects that excludable delay under Title 18 U.S.C. Section 3161(h) (8) (A) may occur as a result of this motion or from an order based thereon.

WHEREFORE, Defendant, by and through his undersigned counsel, hereby moves this honorable court to enter an order setting this matter for a settlement conference and order the U.S. Probation Department to prepare a settlement conference probation report estimating the sentencing guidelines applicable in the instant case. RESPECTFULLY SUBMITTED on December 27, 2005.

/s David R. Fuller Attorney for Defendant ORIGINAL electronically filed on December 27, 2005

Case 2:04-cr-00585-FJM

Document 76

Filed 12/27/2005

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