Free Motion to Amend/Correct - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 3 Telephone: (602) 382-2731 4 ROBERT J. McWHIRTER State Bar # 012283 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 vs. Francis Luna-Lara, Defendant. Francis Luna-Lara, through undersigned counsel, requests that this court amend the written judgment in the criminal case to reflect both the intent of the parties as stated in the plea agreement and the statements of the court during the sentencing hearing. The current judgment states as follows: That the defendant is hereby committed to the custody of the Bureau of Prisons for a term of twenty-five (25) years on Count I, same count to run concurrently to the sentencing imposed in Maricopa County Superior Court case number CR2004-6538-001-DT, with credit for time served. The agreement of the parties is reflected in the plea agreement, however, United States of America, Plaintiff, No. CR-03-1097-PHX-ROS MOTION TO AMEND JUDGMENT IN CRIMINAL CASE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

24 as follows: That he [Francisco Luna-Lara] be given for credit for time 25 he has served since his incarceration in October of 2003 as his charges in State court are related to his federal charges. 26 27 28

Case 2:03-cr-01097-ROS

Document 167

Filed 06/13/2006

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Mr. Francisco Luna-Lara requests that the judgment in this case

2 specifically state that "he be given credit for time he has served since his 3 incarceration in October of 2003 in Maricopa County Superior Court case number 4 CR2004-6538-001-DT." 5 7 8 9 10 11 Copy of the foregoing transmitted 12 by CM/ECF for filing this 13th day of June, 2006, to: 13 CLERK'S OFFICE 14 United States District Court Sandra Day O'Connor Courthouse 15 401 W. Washington Phoenix, Arizona 85003 16 Lisa Settle 17 Assistant U.S. Attorney United States Attorney's Office 18 Two Renaissance Square 40 N. Central Avenue, Suite 1200 19 Phoenix, Arizona 85004-4408 20 Copy mailed to: 21 23 24 25 26 27 28 2 Francis Luna-Lara 22 Defendant s/Robert J. McWhirter Such a statement in the judgment will more accurately reflect the party's Respectfully submitted: June 13, 2006. JON M. SANDS Federal Public Defender s/Robert J. McWhirter ROBERT J. McWHIRTER Asst. Federal Public Defender 6 intention and amending the judgment now will avoid at later problem.

Case 2:03-cr-01097-ROS

Document 167

Filed 06/13/2006

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