Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LISA JENNIS SETTEL Assistant U.S. Attorney Two Renaissance Square 40 North Central, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-1188-9-PHX-NVW Plaintiff, v. Edil Orlando Guillen-Pineda, Defendant. Plaintiff, United States of America, by and through its attorneys, PAUL K. GOVERNMENT'S RESPONSE TO DEFENDANT'S OBJECTIONS TO THE PRESENTENCE REPORT

15 CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel, 16 Assistant United States Attorney, respectfully respond to defendant Guillen-Pineda's 17 objections to the presentence report. 18 The defendant by his own admission was in charge of the stash house where the 19 hostages were held. His leadership or managerial role is also supported by statements of 20 victims and co-defendants. Although at least 10 people worked for the defendant, the 21 defendant also worked for other people: Anastasio Franco-Aragon, Rigoberto Franco22 Aragon, and Anastacio Franco-Cabrera, as stated in his factual basis. While he may 23 performed many of the same functions at the house as his co-defendants, he was also 24 entrusted by the Francos to control any cash payments made for the hostages' release. When 25 he was arrested, he admitted personally giving the Francos $100,000. The defendant 26 demanded the smuggling fees from family members, threatened both the hostages and their 27 family members, and guarded the hostages with an AK 47. 28

Case 2:03-cr-01188-NVW

Document 347

Filed 12/08/2005

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As to his other objections, the United States has no additional information. However,

2 the United States has no information that the defendant ever guided people into the United 3 States. 4 5 6 7 8 9 10 11 12 13 I hereby certify that on the 8th day of December, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF 14 System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Neil LaBarge 15 I hereby certify that on 8th day of December, 2005, I served the attached document by 16 facsimile on the following who are not registered participants of the CM/ECF System: Sharie Lutt 17 18 19 20 21 22 23 24 25 26 27 28 2 PAUL K. CHARLTON United States Attorney District of Arizona s/ Lisa J. Settel LISA JENNIS SETTEL Assistant U.S. Attorney Respectfully submitted this 8th day of December, 2005.

Case 2:03-cr-01188-NVW

Document 347

Filed 12/08/2005

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