Free Sentencing Memorandum - District Court of Arizona - Arizona

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G EORGE F. K LINK
45 West Jefferson Luhrs Tower - Suite #810 Phoenix, AZ 85003-2328 (602) 253-3889 State Bar #004057 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT

6 DISTRICT OF ARIZONA 7 ____________________________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ George F. Klink Attorney for Defendant ) ) ) Plaintiff, ) ) ) ) Joseph Cayer, ) ) Defendant. ) ____________________________________) United States of America, No. CR03-01164-010-PHX-PGR SUPPLEMENTAL SENTENCING MEMORANDUM

Defendant, through counsel, submits the attached Memorandum to aid the Court in its sentencing decision. Respectfully submitted this 21st day of November, 2006.

Case 2:03-cr-01164-PGR

Document 515

Filed 11/21/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 By: /s/ Susan L. West 16 17 18 19 20 21 22 23 24 25 26 27 28 Beth Stewart United States Probation Officer 401 West Washington Street Suite 160, Space 7 Phoenix, AZ 85003 facsimile (602) 322-7409

CERTIFICATE OF SERVICE I hereby certify that on November 21, 2006, I electronically transmitted the attached document to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Hon. Paul G. Rosenblatt United States District Court 401 West Washington Street Phoenix, AZ 85003 [email protected] Timothy T. Duax, Esq. [email protected] Assistant United States Attorney Copy of the foregoing faxed/mailed this 21st day of November, 2006 to:

Case 2:03-cr-01164-PGR

Document 515

-2Filed 11/21/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Dated: 16 17 18 19 20 21 22 23 24 25 26 27 28 November 21, 2006

MEMORANDUM The Defendant submits that the advisory guidelines do not reflect an appropriate sentence to impose on this Defendant for the following reasons: 1. It is anticipated that the government will move for a sentence below any mandatory minimum mandated by statutes. When the government makes that motion, the Court is free to impose any sentence it wishes, including a probationary term without incarceration. 2. The Defendant has demonstrated forthrightness in his statements regarding his involvement. Included among these statements is an acknowledgment of his guilt and true remorse for his conduct. 3. The Defendant has demonstrated an ability to be a law-abiding citizen by the successful completion of a term of probation as recently as November 9. This successful completion of term of probation has resulted in a misdemeanor designation for that case. For reasons stated previously and for the reasons stated in this supplemental memorandum, counsel submits that imposition of a term of probation would be a suitable result in this matter.

/s/ George F. Klink Attorney for Defendant

Case 2:03-cr-01164-PGR

Document 515

-3Filed 11/21/2006

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