Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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LAW OFFICE OF NEIL C. LABARGE
NEIL C. LABARGE State Bar No. 13920 11 W . Jefferson St., #2 Phoenix, AZ 85003 (602) 252-4090 FAX (602) 252-2111 Attorney for Defendant Guillen-Pineda

IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________ NEIL C. LABARGE LAW OFFICE OF NEIL C. LABARGE Defendant. Comes now defendant, through attorney Neil C. LaBarge, and respectfully submits the attached objections to the Pre-Sentence Report. Respectfully submitted this date: December 6, 2005. v. EDIL GUILLEN-PINEDA, U.S.A., Plaintiff, DEFENDANT'S OBJECTIONS TO PRESENTENCE REPORT No. CR03-1188-9-PHX-NVW

Case 2:03-cr-01188-NVW

Document 346

Filed 12/06/2005

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OBJECTIONS:

It is anticipated that the following objections do not affect the guideline calculation. 1) Paragraphs 12, 15, 17, 18, and 22 - Each of these paragraphs allege in one form or another that defendant was in charge of, or was a leader of, the drop house. Defendant denies this allegation and feels that he was a typical member of the group of persons in the organization. He does not feel that he was empowered by the true bosses, the FrancoAragons, to give orders, and he performed some of the same functions as many of the other co-defendants such as making telephone calls, guarding the smuggled persons, etc. 2) Paragraph 17 - This paragraph also alleges that another co-defendant, Martinez-Pozas, said that defendant brought him to the U.S. Defendant denies this and did not do so. 3) Paragraph 38 - This paragraph references the name Guillen-Alvarado. It is believed that the second name Alvarado is a typographical error, as it does not appear elsewhere in the report and is not defendant's name. 4) Paragraph 40 - The report states that defendant was in a relationship with Myrna Zambrano from 1996 to 2002. The correct dates are 2000 to 2002. Respectfully submitted this date: December 6, 2005.

LAW OFFICE OF NEIL C. LABARGE

________________________________ NEIL C. LABARGE

Case 2:03-cr-01188-NVW

Document 346

-2Filed 12/06/2005

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Filed 12/06/2005 Copies mailed/faxed to the following on this date: December 6, 2005. Lisa Settel, AUSA 40 N. Central Ave., #1200 Phoenix, AZ 85004 602-514-7450 Sharie Lutt, USPO U.S. Probation Office 401 W. Washington St. Phoenix, AZ 85003 602-322-7409 Copies mailed to the following on this date: December 6, 2005. Hon. Neil V. Wake [email protected] Original filed with the following via ECF this date: December 6, 2005. Clerk of the Court 401 W. Washington St. Phoenix, AZ 85003

Case 2:03-cr-01188-NVW

Document 346

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