Free Other Notice - 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 vs. Dexter McDuffey, Defendant. Dexter McDuffey, through counsel, submits this Second Supplemental United States of America, Plaintiff, DISTRICT OF ARIZONA No. CR-03-50026-PHX-ROS SECOND SUPPLEMENTAL DISPOSITION MEMORANDUM

18 Disposition Memorandum for the Court's consideration. Mr. McDuffey has an 19 admit/deny hearing on Wednesday, August 24, 2005, at 11:00 a.m., and the parties 20 21 22 23 24 are ready to proceed to disposition at that time, if the Court so wishes. The Court rejected the parties' previous agreement of reinstatement, followed by up to 60 days at a community confinement center. One of the Court's main concerns was Mr. McDuffey's commitment to taking his medications. The

25 Court also was concerned that Mr. McDuffey receive proper treatment. Since that hearing, counsel has received additional information regarding 26 27 these two issues. First, counsel spoke with Barbara Forsythe, the director of 28 Behavioral Systems Southwest (BSSW). Ms. Forsythe stated that BSSW could

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1 monitor Mr. McDuffey's medication.

Specifically, they could dispense the

2 medication, watch Mr. McDuffey swallow the medication, and check under his 3 tongue to make sure he had swallowed the pill. 4 5 6 7 Second, counsel called the Bureau of Prisons' (BOP) Office of Medical Designations in Washington, D.C., and spoke with Lorelei Klema about treatment the BOP would provide Mr. McDuffey if incarcerated. I explained that Mr. McDuffey

8 had been diagnosed with schizophrenia many years ago, that he had been in custody 9 now over two months and had been taking his medications, and that he was stable. 10 Under those circumstances, Ms. Klema stated that Mr. McDuffey likely would be sent 11 to a Care Level 2 facility, such as FCI Tucson, rather than a medical center, and a 12 treatment plan would be set up. That plan would include medication, counseling, and 13 any necessary classes. 14 15 16 17 The parties and Probation Office have considered this new information, along with the Court's concerns, and propose the following agreement:1 Mr.

McDuffey will admit to violation B.1, drinking alcohol on August 4, 2004. He will

18 be sentenced to the Bureau of Prisons for a term of nine months (which includes a 19 current sentence of about four months, plus 148 days official detention adjustment for 20 pretrial custody in Texas). Upon release, the Court will impose the following special 21 conditions of supervised release: 22 23 24 25 26 27 The proposal also is consistent with the recommendations previously 28 provided to the Court by Value Options. 2
1

1.

Mr. McDuffey will reside at a community corrections center, or other treatment center, at the discretion of his probation officer, for a period of up to eight months; Mr. McDuffey will participate, as directed by the probation officer, in a substance abuse program, including classes and testing;

2.

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1 2 3 4 5 6 7 3. 4. Mr. McDuffey will participate in anger management classes, as directed by his probation officer; and Mr. McDuffey will take his medication as prescribed by his doctor, and will participate in mental health counseling as directed by his probation officer. The proposed sentence is reasonable under 18 U.S.C. § 3553. It provides both punishment and treatment, and in total, requires Mr. McDuffey to live in a

8 structured environment (either prison or a half-way house) for up to one year. Mr. 9 McDuffey has now been in custody for almost three months. The proposed sentence 10 will give the probation office more than one month to arrange for Mr. McDuffey's 11 placement at BSSW, counseling, and classes. The treatment that Mr. McDuffey will 12 receive while at BSSW is no less than what would be offered to him by the BOP. 13 The proposed agreement not only protects the community in the short 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 s/ KAREN M. WILKINSON KAREN M. WILKINSON Asst. Federal Public Defender run, but provides Mr. McDuffey with treatment so that he can successfully complete his supervised release in the future. As required by § 3553, the proposed sentence is sufficient and no greater than necessary to meet the goals of the law. Respectfully submitted: August 18, 2005. JON M. SANDS Federal Public Defender

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1 I hereby certify that on August 18, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal 2 of a Notice of Electronic Filing to the following CM/ECF registrants: 3 RICHARD MESH (also by facsimile) 4 Assistant U.S. Attorney Two Renaissance Square 5 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 6 DARCY CEROW (also by facsimile) 7 Assistant U.S. Attorney 8 Two Renaissance Square 40 N. Central, Suite 1200 9 Phoenix, Arizona 85004-4408 10 Copy mailed to: 11 ELIZABETH SIMONS U.S. Probation Office 12 Field Supervision 13 4000 North Central Avenue, Suite 2300 Phoenix, Arizona 85012-3516 14 16 s/ Karen M. Wilkinson 17 KAREN M. WILKINSON 18 19 20 21 22 23 24 25 26 27 28 4 DEXTER McDUFFEY 15 Defendant

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