Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Glenn B. McCormick Assistant U.S. Attorney Arizona State Bar No. 013328 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0277-PHX-EHC Plaintiff, v. Geoffrey Hulin, Defendant. GOVERNMENT'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR TERMINATION OF PROBATION, OR ALTERNATIVELY, FOR MODIFICATION OF TERMS OF PROBATION

The United States, by and through undersigned counsel, opposes defendant's Motion For Termination of Probation, or Alternatively, For Modification of Terms of Probation for the reasons set out below. Counsel for the government has attempted to make contact with the defendant's assigned United States Probation Officer (U.S.P.O.), Michelle Cravado, in the District of Nevada. However, U.S.P.O Cravado has not responded to a voice mail left over a week ago. This is understandable, given the time of year. Nonetheless the government has no information regarding the defendant's performance while on probation, nor is U.S.P.O. Cravado's position on defendant's request known. The defendant has been on probation for approximately 19 months of a 60 month term. Absent compelling circumstances warranting termination, the government is not inclined to concede to early termination at this time. The circumstances cited in defendant's motion are not compelling. In fact, the stress of the golf tour, the temptation to "party" while on the tour, and

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1 the defendant's history regarding intoxicants do not support reduced or terminated supervision. 2 The government has insufficient information to concede to modification of probation at

3 this time as well. Before the government would concede to modification, evidence of stellar 4 performance while on probation must be shown. Agreement to modification by U.S.P.O 5 Cravado will be a prerequisite to the government conceding to modification. Additionally, the 6 government would recommend the following information be provided to the government and 7 the court prior to further consideration of the defendant's request: 8 9 10 11 12 13 14 15 16 17 18 19 6. 5. 4. 2. 3. 1. A statement of expected living situation and costs of living while on the golf tour, i.e. apartment, house, hotel, food, transportation, utilities, golf related expenses, and any other anticipated expenses. Documentation showing the term and level of support committed by sponsors. Affidavit from defendant's parents indicating the level of support they are committing to defendant while he is on the golf tour. A showing of sufficient financial support to cover all expenses while on the golf tour. An accounting of a typical week while on the golf tour showing the necessity of terminating the work requirement. Proof of acceptance on the golf tour.

For these reasons the government currently opposes both early termination and

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Respectfully submitted this 28th day of December, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/ Glenn B. McCormick Assistant U.S. Attorney

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S/ Glenn B. McCormick I hereby certify that on 12/28/06, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Douglas Erickson

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