Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

Douglas C. Erickson, No. 012130 MAYNARD CRONIN ERICKSON 2 CURRAN & SPARKS, P.L.C. 1800 Great American Tower 3 3200 North Central Avenue Phoenix, Arizona 85012 4 (602) 279-8500
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MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C.

Attorneys for Defendant UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. GEOFFREY HULIN, Defendant. Defendant, Geoffrey Hulin, pursuant to 18 U.S.C. § 3564, respectfully moves this Court for its order terminating his probation, or alternatively, modifying the terms of probation. This motion is supported by the accompanying memorandum of points and authorities, which is incorporated herein. MEMORANDUM OF POINTS AND AUTHORITIES The charges in this case stemmed from events occurring in 2001. Mr. Hulin entered a guilty plea to two counts relating to the purchase and sale of Ecstasy on October 26, 2004. On April 18, 2005, this Court placed Mr. Hulin on supervised probation for a term five (5) years. Since that time, Mr. Hulin has fully complied with all terms. He was subject to weekly and monthly drug testing, all with satisfactory results. The Court may recall that Mr. Hulin's long-term ambition is play golf professionally. He has attended and completed the P.G.A.'s golf school. During the last year, he successfully competed on the Butch Harmon Vegas Tour in Nevada, where he has been living. He was employed at Kona Grill and Avtek Mortgage, during this period as well.
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3200 NORTH CENTRAL AVENUE · SUITE 1800 · PHOENIX, ARIZONA 85012

No. CR04-277-PHX-EHC MOTION FOR TERMINATION OF PROBATION, OR ALTERNATIVELY, FOR MODIFICATION OF TERMS OF PROBATION

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TELEPHONE 602.279.8500 · FACSIMILE 602.263.8185

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ATTORNEYS AT LAW

Case 2:04-cr-00277-EHC

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In order to further his career, Mr. Hulin needs to return to Arizona and compete on the Grey Goose/Gateway Tour. He has secured financial backing and sponsors. Because Mr. Hulin has been fully compliant with all terms of probation, and it is not uncommon in cases such as these to terminate probation early, Mr. Hulin asks the Court to consider terminating probation at this time. The applicable statutes, 18 U.S.C. §§ 3564 and 3553 (a), allow for early termination because, among other things, adequate deterrence has been achieved, there is no threat to the public from future crimes by this defendant, and early termination will actually be conducive to Mr. Hulin's on-going education and training in his chosen profession. In the alternative, Mr. Hulin seeks a modification of the terms of his probation, namely the removal of the full time employment requirement. The difficulty with the full time employment term of his probation is that the tour participation requires devoting substantially all of his time and energy to golf practice, instruction, and play. He cannot do that and simultaneously hold a full time job. With the support his sponsors and parents, he does not need the full time employment to support himself. Additionally, as a practical matter, the time and commitment to the tour and golf profession is the equivalent of holding full time employment in most respects. A proposed form of order is attached. RESPECTFULLY SUBMITTED this 13th day of December, 2006. MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C. By s/Douglas C. Erickson Douglas C. Erickson 1800 Great American Tower 3200 Central Avenue Phoenix, Arizona 85012 Attorneys for Defendant

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ORIGINAL of the foregoing filed this 13th day of December, 2006 via ECF with:

Clerk of the Court United States District Court 3 401 W. Washington Phoenix, AZ 85003
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with a copy mailed (along with a copy of the NEF) and electronically mailed this same day to:
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Honorable Earl H. Carroll United States District Court 401 W. Washington 7 Phoenix, AZ 85003 [email protected]
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with a copy electronically or physically mailed this same day to:
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Glenn B. McCormick, Esq. U.S. Attorney's Office Two Renaissance Square 11 40 N. Central, Suite 1200 Phoenix, AZ 85004-4408
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Mark Nebgen 401 W. Washington St., SPC 7 Suite 160 14 Phoenix, AZ 85003-2119
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By s/Gayle Sipe
F:\CLIENTS\HULIN11.975\PLDGS\MTN.MODIFICATION.PROBATION.wpd

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