Free Reply - District Court of Arizona - Arizona

1 JAMES SUN PARK, #015232 2 111 W. Monroe St., Suite 1500 3 Telephone (602) 253-7275 Facsimile (602) 253-7276 4 [email protected] 5 Attorney for Defendant 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 government has should look at Mr. Brown for what he has done since he committed 26 the crime. 27 28 Mr. Brown, become rehabilitated and they should be allowed to move on with their 22 lives. Mr. Brown has accepted his responsibility for his conduct and the Court has already sentenced Mr. Brown for his conduct. Instead of dwelling on the past, the At some point, the government needs to acknowledge that defendants, including vs. William H. Brown, Defendant. United States of America, Plaintiff, No. CR 04-0096-PHX-NVW DEFENDANT'S REPLY TO GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EARLY TERMINATION OF PROBATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Phoenix, Arizona 85003 Park Law Office, PLC

Case 2:04-cr-00096-NVW

Document 69

Filed 03/30/2006

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According to his supervising probation officer, Mr. Mullavey, Mr. Brown has been a model probationee. His past conduct does not detract anything from what Mr.

4 Brown has done since his placement on probation. Continuing to supervise and keeping Mr. Brown on supervision would serve no legitimate public interest. Why

7 waste the resource of the government and the probation office by supervising an 8 individual who no longer needs supervision? 9 Until the commission of the underlying offense, Mr. Brown led a law-abiding 10 11 life. This represents his first and only conviction. PSR ¶¶ 24-26. Clearly, Mr. Brown 12 has suffered the consequences of his first felony conviction and he has learned his 13 lesson. Based upon his past history of good behavior (including while he was released 14 15 during the pendency of the case) and his good behavior after placement on 16 17 18 The government's position to continue to maintain Mr. Brown on probation is 19 totally unreasonable and gives no consideration for Mr. Brown's post-supervision 20 conduct. The only motive for the government to oppose this motion appears to be 21 22 simply punitive. Moreover, in its response, the government has failed to identify any 23 24 25 supervised. Therefore, defendant respectfully requests the Court to terminate Mr. 26 Brown's probation early pursuant to 18 U.S.C. § 3564. 27 28 2 factors under 18 U.S.C. § 3553 as to why Mr. Brown should continue to be supervision, Mr. Brown does not pose any real threat to re-offend.

Case 2:04-cr-00096-NVW

Document 69

Filed 03/30/2006

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Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur from filing of this reply or an order based upon this motion. Respectfully submitted this 30th day of March, 2005. Park Law Office, PLC

s/ James Sun Park JAMES SUN PARK Attorney for Defendant
Copy of the foregoing Defendant's Reply to Government's Response to Defendant's Motion to Terminate Probation Early filed via ECF/EM this 30th day of March, 2006 to all registrants. In addition to filing the above via ECF/EM, a courtesy copy delivered this 30th day of March 2006 to the: The Honorable Neil V. Wake Sr. United States District Judge Mr. John Mullavey United States Probation Officer Copy of the foregoing Reply mailed this 30h day of March, 2006 to: William Brown

by J.S. Park James Park

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Case 2:04-cr-00096-NVW

Document 69

Filed 03/30/2006

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