Free Reply to Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona CHARLES F. HYDER Assistant U.S. Attorney Arizona State Bar No. 001967 United States Attorney's Office Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0096-PHX-NVW Plaintiff, v. William H. Brown, Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR EARLY TERMINATION OF PROBATION

The United States, by and through counsel, hereby responds to defendant's Motion for Early Termination of Probation and requests this Honorable Court to deny the same. The government's objection to early termination is based upon the factors to be considered by the court when such a motion is made. (1)The nature and circumstances of the offense indicate clearly that the defendant not only stole property from members of the public to which he had a fiduciary relationship, but during the investigation of the matter the defendant was not truthful with investigators regarding his participation in the crimes. The defendant's contention that the resources of the probation office that are currently being channeled to Mr. Brown's supervision can be redirected to individuals who need more monitoring, ignores the fact that the defendant, by being dishonest with the investigators during the investigation of his crimes, caused the resources of the United States to 1

Case 2:04-cr-00096-NVW

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1 be spent in investigating this matter for a period of time much longer then it would have had to 2 if he had been honest with them in the first place. 3 Additionally, Mr. Brown showed a disrespect for the law, not only by lying to the

4 investigators during the investigation of this matter, but by violating a trust imposed in him due 5 to his position with the Transportation Security Administration. 6 The defendant showed a complete disrespect for the law and the criminal process with

7 regard to his testimony in the hearing regarding his statements before this court. So egregious 8 was his testimony that this court stated that it did not believe the defendant. 9 The fact that the defendant has completed one year of his probation without violation of any

10 requirement does not justify an early termination of his probation. 11 The United States respectfully requests that the court deny the defendant's Motion for Early

12 Termination of Probation. 13 14 15 16 17 18 19
I hereby certify that on March 29, 2006

Respectfully submitted this 29th day of March, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

CHARLES F. HYDER Assistant United States Attorney

20 I electronically transmitted the attached
document to the Clerk's Office using the

21 CM/ECF system for filing and
transmittal of a Notice of Electronic Filing

22 to the following CM/ECF registrants: 23 James S. Park, Esq. 24
S/

25 Joyce Stern 26 27 28 2

Case 2:04-cr-00096-NVW

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