Free Memorandum - 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-03-1097-PHX-ROS Plaintiff, v. Francis Luna-Lara, Defendant. Plaintiff, United States of America, by and through its attorneys, PAUL K. SECOND JOINT SENTENCING MEMORANDUM

15 CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel, 16 Assistant United States Attorney and Defendant, Francis Luna-Lara, through his attorney, 17 Robert McWhirter, respectfully submit this Second Joint Sentencing Memorandum, 18 requesting that this court accept the plea agreement in this matter. 19 Section 5G1.3 of the Guidelines supports the sentencing stipulations in the 20 defendant's plea agreement. The plea agreement stipulates that the defendant's sentence in 21 this matter will be served concurrent to his sentence in CR2004-6538 in the Superior Court 22 of Arizona, Maricopa County. Further, the plea agreement states that the defendant be given 23 credit for the time he has served since his incarceration in October 2004 as his charges in 24 state court are related to his federal charges. Specifically U.S.S.G. Section 5G1.3(b) states 25 that if: 26 27 28 "a term of imprisonment resulted from another offense that is relevant conduct to the instant offense of conviction . . . the sentence for the instant offense shall be imposed as follow:

Case 2:03-cr-01097-ROS

Document 135

Filed 01/18/2006

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(1) the court shall adjust the sentence for any period of imprisonment already served on the undischarged term of imprisonment if the court determines that such period of imprisonment will not be credited to the federal sentence by the Bureau of Prisons; and (2) the sentence for the instant offense shall be imposed to run concurrently to the remainder of the undischarged term of imprisonment. Respectfully submitted this 18th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/ Lisa J. Settel _________________________ LISA JENNIS SETTEL Assistant U.S. Attorney S/ Robert McWhirter ______________________________ ROBERT MCWHIRTER Attorney for Francis Luna-Lara

14 I hereby certify that on the 18th day of January, 2006, I served the attached document by facsimile on the following who are not registered participants of the CM/ECF System: 15 Jeannie Moreno 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Case 2:03-cr-01097-ROS

Document 135

Filed 01/18/2006

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