Free Sentencing Memorandum - District Court of Arizona - Arizona

TYRONE MITCHELL, P.C. Tyrone Mitchell, Esq., No. 016267 1700 North Seventh Street, Suite 3 Phoenix, Arizona 85006 Telephone: (602) 258-5749 Facsimile: (602) 258-5233 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA., Plaintiff, vs. OMAR ALEJANDRO URIAS LEON, Defendant. _____________________________________ ) No. CR 04-0028- PHX- SRB ) ) SENTENCING MEMORANDUM ) ) ) ) ) ) )

DEFENDANT OMAR ALEJANDRO URIAS LEON, by and through undersigned counsel, hereby submits this memorandum prior to Defendant 's sentencing and in response to the Final Report Presentence Report and Recommendations ("PSR") disclosed on or about June 4, 2007. The PSR recommends the Court reject the plea agreement and sentence the defendant to 210 months in prison. Defense counsel respectfully disagrees with the it's conclusions and recommendation and requests the Court accept the plea agreement for the following reasons. The plea agreement is a fair and reasonable sentencing range for Defendant Leon role and participation in this crime. The plea agreement clearly contemplates the

Case 2:04-cr-00028-SRB

Document 200

Filed 06/04/2007

Page 1 of 5

defendant's past criminal conduct and the need to provide an adequate deterrence from future criminal conduct. Defense counsel has reviewed approximately 1700 pages of discovery regarding this case. The only time agents observe Defendant Leon is on August 6, 2003. On this date, agents observed Defendant Leon and Patricia Acosta exit a house on Melvin Avenue in Phoenix. The Melvin home was owned by Heroldo and Maria Rita Acosta. The Defendant and Patricia Acosta did not live at the Melvin residence. The agents observe the Defendant and Ms. Acosta enter a Expedition and begin to drive away. Agents then stopped the vehicle. After the stop, agents found a firearm and

methamphetamine. The agents also note in the discovery that they observed prior to August 6, 2007, during the course of their investigation Ms. Acosta driving the Expedition numerous times to the Melvin residence. That is the extent of the agents observation of the Defendant's participation in this case. The PSR wants to hold the Defendant responsible for drugs found in this case at Ms. Acosta home because Defendant Leon lived there and was her boyfriend. That is not proof that the drugs found at her home the day of the search was his. What was provable in terms of this case is the drugs and gun that was found in the car the Defendant was driving. Defendant Leon has taken full responsibility for the drugs and the firearm found in the car. The defendant should not be held responsible for the drugs that the co-defendant was allegedly selling out of her home. Additionally, agents never observed during this investigation -2Case 2:04-cr-00028-SRB Document 200 Filed 06/04/2007 Page 2 of 5

Defendant Leon conducting any other drug transactions. Defendant Leon was never even the target in this investigation. It is unfair and unreasonable to want to sentence Defendant Leon for all the drugs found in this case when the only time he is observe being involved was on August 6. Consequently, the defendant requests the Court accept the plea agreement and sentence the Defendant in accordance with the plea.

RESPECTFULLY SUBMITTED this 4th day of June, 2007.

TYRONE MITCHELL, P.C.

By

/s/ Tyrone Mitchell Tyrone Mitchell Attorneys for Defendant

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CERTIFICATE OF SERVICE I certify that on the 4 th day of June, 2007, I electronically transmitted this 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. Keith Vercauteren, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408

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