Free Motion for Modification of Sentence - District Court of Arizona - Arizona

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GREENBERG TRAURIG, LLP
ATTORNEYS AT LAW SUITE 700 2375 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016 (602) 445-8000

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Booker T. Evans, Jr., SBN #009970 Evansbt(§îitlaw.com Attorneys or Defendant Hazlett

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
No. CR-04-00276-001-PHX-SMM

9 UNITED STATES OF AMERICA,
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Plaintiff,

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12 ROBERT C. HAZLETT,
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DEFENDANTS' MOTION TO MODIFY MONTHLY RESTITUTION PAYMENTS
(Assigned to the Honorable

Defendant.

Stephen M. McNamee)

14 Defendant Robert C. Hazlett, by and through his undersigned counsel, hereby
15 moves this Court for a reduction in the monthly restitution payment of $1,000.00 ordered

16 by this Court in its Judgment entered on or about January 29, 2007.
17 Robert C. Hazlett was convicted of conspiracy to commit bank fraud and student

18 loan fraud, a Class D felony offense in violation of Title 18, United States
19 Code § 371, 1344, and 1097(a). He was sentenced to the Bureau of

Prisons for a term of

20 eight months and placed on supervised release for a three year term following his

21 incarceration. In addition, he was ordered to pay $744.376.00 in restitution to Sun Trust

22 Bank Education Loans, Educational Credit Management Corporation, and the United
23 States of America. Several co-defendants were also convicted of various charges and

24 Mr. Hazlett's restitution obligation was determined to be joint and several with his
25 co-defendants. Restitution payments were scheduled to begin thirt days following his
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C¡X3281864171

Case 2:04-cr-00276-SMM

Document 273

Filed 04/18/2008

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release from prison. This Court ordered that payments be made in the amount of
$1,000.00 per month (see Docket No. 269).

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Prior to Mr. Hazlett's involvement in the instant criminal matter, he owned and
operated a debt collection agency known as Valley Acceptance Corporation. The case

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against him was brought on the eve of the expiration of the statute of limitation. The
investigation began in 1999. He sold the business a year later. The impact on his family

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and his business was substantiaL. His wife of more than 20 years filed for and was
granted a divorce. Since being released from the Bureau of Prisons, Mr. Hazlett has

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been unable to reestablish his business, the Bob Investment Group. As a result, he
presently earns approximately $1,500.00 per month. He is confident that given time he

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can reestablish himself in the business community. He is presently unable to afford
more than $100.00 per month toward restitution in this matter. He continues to make a

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good faith effort to improve his circumstance. His probation officer, Katie Strand,
recently granted him permission to travel to Los Angeles to interview for a position with

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an IT firm. Mr. Hazlett believes that the interview went well and is hopeful that he will
receive an offer for employment from the company. Meanwhile, it is important that the

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restitution payment he is required to make be affordable, otherwise, he will be
delinquent in making restitution payments. As this Court knows, a delinquency would
negatively impact his ability to relocate to another jurisdiction for purposes of

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employment. Therefore, Mr. Hazlett would request this Court to reduce his monthly

obligation insofar as restitution payments are concerned, to $100.00 a month. During the

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three year period of supervised release, his employment along with any and all income
that he is receiving, will be monitored by the probation officer who can notify the Court
when Mr. Hazlett is able to pay larger sums toward the court-ordered restitution.

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-2PHX3281864171

Case 2:04-cr-00276-SMM

Document 273

Filed 04/18/2008

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DATED this 18th day of April, 2008.

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GREENBERG TRAURIG, LLP

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By: Isl Booker T. Evans, Jr. Booker T. Evans, Jr. Attorneys for Defendant Robert C. Hazlett

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CERTIFICA TE OF SERVICE
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I hereby certify that on April 18, 2008, I electronically transmitted the attached

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document to the Clerk's Office using the CM/ECF System for filing and obtained a Notice of Electronic Filing, a copy of said Notice was emailed and mailed to the Honorable Stephen McNamee, Judge assigned to the case.
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Transmittal of a Notice of Electronic Filing was emailed to the following CM/ECF registrant:
Richard Mesh Assistant United States Attorney
Richard.Mesh~usdoi. gov

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By:/sl Sue Cole Employee, Greenberg Traurig, LLP

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Case 2:04-cr-00276-SMM

Document 273

Filed 04/18/2008

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