Free Response to Motion - District Court of Arizona - Arizona

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DIANE J. HUMETEW A United States Attorney District of Arizona Richard I. Mesh Assistant U.S. Attorney Arizona State Bar No. 02716 Two Renaissance Squares 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-0276-01-PHX-SMM Plaintiff, v. Robert C. Hazlett, Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO MODIFY MONTHLY RESTITUTION PAYMENTS

The United States of America, through its undersigned attorneys, hereby responds to the Defendant's Motion to Modify his Monthly Restitution Payments. The defendant avers in his motion that subsequent to his release from prison, he has been unable to find sufficient employment from which to make his restitution payment of $1,000 per month and therefore requests the Court reduce that amount to $100 per month. The government has no objection to the requested reduction. However, the government requests that instead of the reduction being made semi-permanent subject to the probation officer's monitoring the defendant's income, the Court reduce the payment for a six-month period of time and then require the defendant to again petition to modify the amount of restitution if he is still unable to make the /// /// /// ///

Case 2:04-cr-00276-SMM

Document 274

Filed 04/29/2008

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payment. The government further requests that any subsequent modifications be accompanied by a sworn financial statement as to the defendant's income and assets. Respectfully submitted this 29th day of April, 2008. DIANE J. HUMETEWA United States Attorney Districts of Arizona S/Richard I. Mesh Richard I. Mesh Assistant U.S. Attorney

I hereby certify that on April 29, 2008, 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 registrant(s): Booker T. Evans, Jr., Greenberg Traurig, LLP, 2375 E. Camelback Rd., Suite 700, Phoenix, AZ 85016, Attorney for defendant Hazlett; Laurie L. Huusko, 101 E. 5th St., Suite 200, St. Paul, MN, 55101, Attorney for victim Educational Credit Management Corporation; David Reicher, Foley & Lardner, LLP, 777 E. Wisconsin Ave., Milwaukee, WI 53202, Attorney for victim Sun Trust Bank

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Case 2:04-cr-00276-SMM

Document 274

Filed 04/29/2008

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