Free Motion to Reduce Sentence - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona

LARRY WSZALEK MA RK T . ODU LIO Trial Attorneys U.S. Department of Justice Tax Division Two R enaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 Telephone (202) 514-8032 Facsimile: (202) 514-9623

UNITED STATES DISTRICT COURT 10 DISTRICT OF ARIZONA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, United States of America, by and through its counsel of record, Larry J. Wszalek and Mark T. Odulio, Trial Attorneys, Department of Justice, Tax Division, hereby moves this court to pursuant to USSG 5K1.1 to depart downward from the applicable Guideline sentencing range in this case and sentence defendant LESLIE NIX, with credit that reflects the defendant's substantial assistance to a related criminal investigation. In evaluating the extent of the adjustment that should be given in this case the Government has reviewed those factors set forth in USSG 5K1.1 for guidance. With regard to those factors, since entering into her plea agreement, the defendant was available for debriefing and testimony in the District of Arizona. Specifically, defendant LESLIE NIX 1 Leslie Nix Defendant. vs. United States of America 2:04-CR-00045-LOA-ALL Plaintiff, MOTION FOR DOWNWARD DEPARTURE

Case 2:04-cr-00045-LOA

Document 42

Filed 08/24/2005

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was interviewed by agents and attorneys for the government on December 10, 2003 and provided forthright and useful information about her role in the operation of a business operated by her parents John Rizzo and Carol Rizzo, defendants in a related case of United States v. John Rizzo, et.al. (CR-03-345-PHX-ROS). Thereafter, on February 12, 2004, both John Rizzo and Carol Rizzo entered into plea agreements with the government. Based on defendant LESLIE NIX's guilty plea and the information she provided through her cooperation agreement, the Government recommends that a downward departure of between 1-2 levels is appropriate pursuant to USSG 5K1.1. For the forgoing reasons the United States respectfully requests and recommends to this Court that it depart downward from the applicable Guideline sentencing range calculated by the Court in order to give defendant LESLIE NIX credit for cooperation and substantial assistance to law enforcement consistent with her plea agreement. Dated this 24th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona

/S/ Mark T. Odulio MARK T. ODULIO LARRY WSZALEK Trial Attorneys U.S. Department of Justice Tax Divison
I hereby certify that on August 24, 2005, 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 registrants: Dana Carpenter 310 6 N 16th St Phoenix, Az 85020-4016 Attorney for L eslie N ix

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Case 2:04-cr-00045-LOA

Document 42

Filed 08/24/2005

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