Free Motion for Departure - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona PETER SEXTON Assistant U.S. Attorney Arizona State Bar No. 11089 United States Attorney's Office Two R enaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Michael J. Ruzecki, Defendant. UNITED STATES' SENTENCING RECOMMENDATION AND MOTION FOR DOWNWARD DEPARTURE FOR DEFENDANT RUZECKI CR-03-1279-01-PHX-RGS CR-03-1281-01-PHX-RGS

1.

Cooperation. Before and after his change of plea, defendant cooperated with the prosecution. His

cooperation included the conduct charged in the indicted matters, as well as cooperation associated with other investigatory matters. Defendant was honest and forthright in his dealings with the prosecution. His cooperation helped get all the pending matters resolved well before their scheduled trial settings. For his efforts, the United States moves for a downward departure for cooperation pursuant to Section 5K1.1 of the Sentencing Guidelines.

2.

Sentencing Recommendation. The United States recommends that the Court depart to Zone B for the reasons

expressed above, and that defendant be given probation with home confinement and community service.

Case 2:03-cr-01281-RGS

Document 45

Filed 09/12/2005

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Respectfully submitted this 12 th day of September, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona S/Peter Sexton PETER SEXTON Assistant U.S. Attorney
CERTIFICATE OF SERVICE
I hereby certify that on September 12, 2005, I electronically transmitted the attached docum ent to the Clerk's Office using th e CM /EC F System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Joseph Chornenky I hereby certify that on Septem ber 1 2, 20 05, I se rved the attached document by mail on the following, who are not registered participants of the CM/ECF System: Guillermo A. Pena, Senior U. S. Probation Officer

Case 2:03-cr-01281-RGS

Document 45

Filed 09/12/2005

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