Free Sentencing Memo (Supporting Documents) - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams Street, #201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2745 4 DAVID LEE TITTERINGTON 5 State Bar # 006500 Asst. Federal Public Defender 6 [email protected] Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 United States of America, No. CR-03-50171-PHX-JAT Plaintiff, 11 SENTENCING 12 v. MEMORANDUM 13 Travis Lamb, Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender Travis Lamb, through undersigned counsel, respectfully asks this Court to consider the following memorandum in determining the sentence to be imposed in this case. Respectfully submitted: October 20, 2005. JON M. SANDS Federal Public Defender

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Memorandum On June 8, 2005, Travis Lamb made his initial appearance in court related to this petition to revoke his supervised release. On September 26, 2005, Mr. Lamb admitted that he had violated his supervised release. Specifically, he admitted that he had used methamphetamine on April 4, 2005, as evidenced by a urine sample submitted on that date. The sentencing range is 4 to 10 months. Sentencing is scheduled for October 26, 2005. The allegations contained in the petition to revoke supervised release began when Mr. Lamb's brother died. On February 19, 2005, Mr. Lamb was given permission to attend his brother's funeral. On February 22, 2005, Mr. Lamb was arrested in Richmond, Indiana, for possession of methamphetamine. On March 15, 2005, Mr. Lamb scheduled substance abuse treatment at Dynamic Living, a treatment facility in Phoenix, and began to attend substance abuse treatment classes. As a result of his arrest in Indiana, however, Mr. Lamb signed a plea agreement which mandated a six-month jail sentence. Knowing that he would be serving a jail sentence, Mr. Lamb terminated his substance abuse treatment with Dynamic Living on April 13, 2005. Mr. Lamb did indeed report to serve his sentence in Indiana on June 13, 2005, the day that the admit/deny hearing in this case was originally scheduled. Upon his completion of the jail sentence, Mr. Lamb returned to Arizona. He is still fully employed here. A letter from Donald Horn, Mr. Lamb's boss is attached to this memorandum. (Exhibit A.) Mr. Lamb has worked with the Arizona Moving Company since 2003, and is considered a valuable employee. Mr. Horn reports that he will do whatever he can to support Mr. Lamb in his efforts to be an upstanding, law-abiding member of society, if this Court is to allow him to be reinstated to supervised release. In addition, since his return to Arizona, Mr. Lamb has re-enrolled in the substance abuse treatment program at Dynamic Living. He is participating in the
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1 intensive outpatient program at Dynamic Living, and intends to continue with the 2 program through completion. Some information obtained from Dynamic Living 3 about their program is also attached to this memorandum. (Exhibit B.) 4 Mr. Lamb knows that he has a problem with methamphetamine, and 5 wants to deal successfully with that problem. He realizes that he should not have 6 resorted to drug use to deal with the stress of attending his brother's funeral. He 7 pleaded guilty to the charge in Indiana, and served the sentence required by the 8 Indiana court. He has already been away from his family for three months as a result 9 of his misbehavior, and hopes that he will not have to spend any more time away from 10 his family. 11 For the above stated reasons, Mr. Lamb asks this Court to consider 12 reinstating him on supervised release. As stated above, Mr. Lamb did resort to drug 13 use following his brother's funeral. As a result, he pleaded guilty to an offense, and 14 paid the price required by his conduct. Mr. Lamb asks this Court to give him a 15 chance to continue with the intensive substance abuse treatment program at Dynamic 16 Living, and to prove that he can remain law-abiding in the future. 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted: JON M. SANDS Federal Public Defender s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender

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1 Copy of the foregoing transmitted by CM/ECF for filing this 19th day 2 of October, 2005, to: 3 Clerk's Office United States District Court 4 Sandra Day O'Connor Courthouse 401 W. Washington 5 Phoenix, Arizona 85003 6 Darcy Cerow Assistant U.S. Attorney 7 United States Attorney's Office Two Renaissance Square 8 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 9 Copy mailed to: 10 11 Michael Watts U.S. Probation Officer 12 401 West Washington Street, Suite 160 Phoenix, Arizona 85003 13 Travis Lamb 14 Defendant 15 16 s/ Kathy A. Kruckeberg Kathy A. Kruckeberg 17 18 19 20 21 22 23 24 25 26 27 28
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