Free Motion to Reduce Sentence - District Court of Arizona - Arizona

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R OBERT L. S TORRS

Attorney At Law 2 45 West Jefferson Luhrs Tower - Suite #803 3 Phoenix, AZ 85003-2317 Office: (602) 258-4545 4 Fax: (602) 258-3693 5 State Bar #002224 Attorney for Defendant DenBesten 6 IN THE UNITED STATE DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 STATE OF ARIZONA, 10 -v11 DENNIS DENBESTEN 12 Defendant. 13 14 Plaintiff, ) ) ) ) ) ) ) ) ) No. CR 03-01167-007-PHX-DGC DEFENDANT DENBESTEN'S SENTENCING MEMORANDUM AND NOTICE OF FILING LETTERS

The Defendant Dennis DenBesten, by and through undersigned counsel, hereby submits this

15 memorandum regarding his sentencing. 16 There is one factual error in the presentence report. In paragraph 24, the Dennis DenBesten

17 section, no guns were recovered from the search of his residence on July 8, 2003. 18 In paragraph 91, the presentence writer notes that Mr. DenBesten's plea is pursuant to Rule

19 11(c)(1)(C) of the Rules of Criminal Procedure. The advisory guideline sentence as calculated by Ms. 20 Shear is 84 to 105 months. The parties have stipulated to a sentence of sixty-four months. The stipulated 21 sentence is sufficient to achieve the purposes for a sentence as set forth in 18USC§3553(a)(2)(A) through 22 (D). 23 Mr. DenBesten is 46 years old; he will be 47 in October. He is in very poor health. His medical

24 issues are set forth in paragraph 63 of the presentence report. Both the probation officer and undersigned 25 counsel have requested updated medical records from CCA. Neither request has been fulfilled. Mr. 26 DenBesten has hepatitis A, B and C. He has diabetes and high blood pressure. He has three tumors on 27 his left lung which have been monitored for the last two years. It is not known if the tumors are 28 cancerous. Given Mr. DenBesten's numerous and serious medical problems, he is not in any position to be a threat to the community. The stipulated sentence will provide the opportunity for him to continue Case 2:03-cr-01167-DGC Document 1382 Filed 08/17/2006 Page 1 of 3

1 to receive needed medical care. The stipulated sentence is sufficient to promote respect for the law and 2 provide punishment. Of all the defendant's in this case, he will have received one of the longest 3 sentences to be imposed. The other person involved in the gun transactions was Billy Schmidt. Mr. 4 Schmidt was charged separately. He entered a guilty plea and was sentenced to a term of 57 months. 5 Upon Mr. DenBesten's release from prison, he hopes to move to Kermit, Texas to reside with his

6 wife Dolly. Dolly is presently on federal probation and doing well. She is employed and she has been 7 sober for almost five years. Information about Dolly and her situation is set forth in paragraphs 58 8 through 61 of the presentence report. 9 If this Court does not consider the conviction set forth in paragraph 45 of the presentence report

10 because attorney representation for that offense was not verified, Mr. DenBesten's criminal history 11 category would be IV and not V. 12 The defense believes that when all the circumstances of the this case are considered, including

13 the disposition of the codefendants' case, Mr. DenBesten's health, and his family support, this court will 14 conclude that a sentence of 64 months is "sufficient" to comply with the purposes set forth in paragraph 15 2 of 18USC§3553(a)(2). 16 The letters regarding Mr. DenBesten are attached. There are letters from Mr. DenBesten and his

17 wife Dolly. There are letters from Denise DenBesten, John E. Laird, Steven J. Murillo, Mark D. Denney, 18 Judith A. Sinclair, Gelrald L. Foster, Deborah Smit and Melton A. Martin. 19 20 21 22 23 Copy of the foregoing delivered/ mailed/faxed this day of 24 August, 2006, to: 25 Keith E. Vercauteren Timothy T. Duax 26 United States Attorney 40 N. Central Ave., Suite 1200 27 Phoenix, AZ 85004-4408 28 /Robert L. Storrs/ Robert L. Storrs Attorney for Defendant Respectfully submitted this day of August, 2006.

Case 2:03-cr-01167-DGC

Document 1382

Filed 08/17/2006

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1 Shawn Shear Adult Probation Officer 2 United States Courthouse 401 W. Washington, Suite 160 3 Phoenix, AZ 85003 4 Dennis DenBesten 5 No. 80995008 Correctional Corporation of America 6 P.O. Box 6300 Florence, AZ 85232-6033 7 8 /Robert L. Storrs/ 9 Robert L. Storrs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:03-cr-01167-DGC

Document 1382

Filed 08/17/2006

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