Free Memorandum - District Court of Arizona - Arizona

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C.
Michael J. Bresnehan, Esquire

2 1761 East McNair Drive, Suite 101
Tempe, AZ 85283-5002

3 480-345-7032
[email protected]

4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 United States of America, 9 10 11 12 13 14 this disposition memorandum, all as set forth in the accompanying memorandum of points and 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 Case 2:04-cr-00239-FJM Document 118 Filed 11/27/2007 Page 1 of 4 . . s/ Michael J. Bresnehan Attorney for Defendant authorities. RESPECTFULLY SUBMITTED this 27th day of November, 2007 by MICHAEL J. BRESNEHAN, P.C. NESTOR ROMERO, Defendant. COMES NOW the defendant, by and through the undersigned attorney, and hereby submits vs. Plaintiff, DEFENDANT'S DISPOSITION MEMORANDUM IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR04-00239-003-FJM

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MEMORANDUM OF POINTS AND AUTHORITIES Nestor Romero is still young and a bit immature. However, he is at least saying the right things. He wants to be continued on supervised release with the knowledge that the Court will not tolerate further infractions of his terms of supervision. He readily acknowledges that his

5 6 performance while on supervision has, at times, been less than stellar, but wants another chance to

7 prove himself. 8 To his credit, he has no prior felony convictions. He apparently completed a year of

9 pretrial/presentence release without incident. At times during his initial probation and supervised 10 release, he has done well. All of his infractions while on supervised release have been technical in 11 nature, and have not involved new criminal activity. He has been gainfully employed, and should 12 13 be able to resume employment again when released. 14 While Nestor Romero's spotty reporting history and his failure to submit to some of his UAs

15 brings into question his amenability to supervision, he seems very motivated to give it another try. 16 17 18 19 prepared to recommend that Mr. Romero remain released during the pendency of the revocation In her predisposition report, Alicia Pineda asserts that Mr. Romero has reverted to drug use. Apparently, this belief originated at Mr. Romero's initial appearance where Ms. Pineda was

20 proceedings. Mr. Romero acknowledged at that time that, if tested, his urine would be positive for 21 drugs. It was assumed by all present that he was referring to marijuana or some other illicit drug. 22 Thus, he was detained. Later, Mr. Romero, who is not very sophisticated, revealed that the only 23 24 25 prescription (see exhibit "A", attached hereto), and that he had been taking for a hand injury. He drug in his system at the time of the initial appearance was a pain medication for which he had a

26 also revealed that he dropped a urine sample for drug testing purposes at the CCA facility in 27 Florence at the time he was initially incarcerated, and asserts that that urinalysis should be "clean" 28 (i.e., no illicit drugs). At his initial appearance, Mr. Romero thought that his use of any drugs, Case 2:04-cr-00239-FJM Document 118 2Filed 11/27/2007 Page 2 of 4

1 including a pain medication, would be viewed as a supervised release violation, and that is why he 2 admitted to being "dirty". 3 4 urinalysis from CCA, but, as of the date of the filing of this memorandum, the urinalysis is not yet 5 6 7 available. What Nestor Romero needs in order to foster long-term success is education (particularly in The undersigned attorney has been working with the Probation Department to obtain that

8 the area of reading skills) and on-going support (e.g., counseling, A.A., N.A., etc.) to remain clean 9 and sober. He will gladly accept any additional help the Probation Department can offer in these 10 areas. 11 On behalf of Nestor Romero and his family, the undersigned attorney is requesting that the 12 13 Court at least consider a disposition that would allow Mr. Romero to keep his job. Specifically, it is 14 requested that the Court impose no more than six months incarceration, and allow that term to be 15 served through intermittent community confinement or home detention (per U.S.S.G. § 5C1.1(e)). 16 17 in his immediate family. He provides financial support to his girlfriend and their child. He also 18 19 provides financial support to his parents. His father is ill, and Mr. Romero provides him with Mr. Romero is a hard working young man with a big heart. He plays many important roles

20 transportation to his many medical appointments. He plays the role of a surrogate father to his three 21 young nephews, Fidel, Devin and Tommy. The Court has Mr. Romero's attention. He will comply 22 with this Court's orders going forward. 23 24 25 26 27 28 Case 2:04-cr-00239-FJM Document 118 3Filed 11/27/2007 Page 3 of 4 s/ Michael J. Bresnehan Attorney for Defendant MICHAEL J. BRESNEHAN, P.C. RESPECTFULLY SUBMITTED this 27th day of November, 2007 by

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CERTIFICATE OF SERVICE I hereby certify that on November 27, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Michael Lee, Esq. Assistant U.S. Attorney Hon. Frederick J. Martone U.S. District Judge

I hereby certify that on November 27, 2007, I served the attached document by MAIL on the following, who are not registered participants of the ECF System: Nestor Romero Defendant Carlos Valentin US Probation s/ Michael J. Bresnehan

Document 118

4Filed 11/27/2007

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