Free Motion to Amend/Correct - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams, Suite 201 Phoenix, Arizona 85007-2730 4 Telephone: (602) 382-2751 5 KAREN M. WILKINSON State Bar No. 014095 6 [email protected] Asst. Federal Public Defender 7 Attorney for Defendant 8 IN THE UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 v. Dexter McDuffey, Defendant. Dexter McDuffey, through counsel, moves the court to correct its order dated August 30, 2005 and filed September 9, 2005, to reflect that Mr. McDuffy need reside and participate at a community corrections center for eight (not nine) months. United States of America, Plaintiff, No. CR-03-50026-PHX-ROS MOTION TO CORRECT ORDER DISTRICT OF ARIZONA

20 (See Order ¶ 7.) At Mr. McDuffey's Disposition Hearing, the Court, pursuant to the 21 22 parties' agreement, ordered Mr. McDuffey to reside and participate in a community 23 corrections center for up to eight, not nine, months. The written order, however, 24 requires Mr. McDuffey to reside and participate in a community corrections center 25 26 27 28 for up to nine months. The Court's oral pronouncement of sentence controls over any conflicting written order. United States v. Hicks, 997 F.2d 594, 597 (9th Cir. 1993). The Probation Officer assigned to this case, Elizabeth Simons, has been contacted regarding this motion. She agrees that the Court orally ordered eight, not

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1 nine, months at a community corrections center. She has no objection to the motion. 2 Counsel has attempted to contact the Assistant United States Attorney present at Mr. 3 McDuffey's sentencing, Richard Mesh, but has not yet heard back from him. 4 5 6 7 9 10 11 12 13 14 15 Copy of the foregoing transmitted 16 by CM/ECF for filing this 9th day of September, 2005, to: 17 18 Richard Mesh Attorney Assistant U.S. 19 Two Renaissance Square 40 N. Central, Suite 1200 20 Phoenix, Arizona 85004-4408 21 Elizabeth Simons U.S. Probation Office 22 23 s/ Karen M. Wilkinson 24 25 26 27 28 2 For these reasons, Mr. McDuffey respectfully requests that the Court correct ¶7 of its order to read: "You shall reside and participate in a community corrections center for eight (8) months, unless discharged earlier by the probation

8 officer." Respectfully submitted: September 9, 2005. JON M. SANDS Federal Public Defender s/ Karen M. Wilkinson KAREN M. WILKINSON Asst. Federal Public Defender

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