Free Response - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14

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. GOVERNMENT'S RESPONSE TO DEFENDANT'S OBJECTIONS TO THE PRESENTENCE REPORT

15 CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel, 16 Assistant United States Attorney, respectfully respond to defendant Luna-Lara's objections 17 to the presentence report (PSR). 18 The defendant asserts that he should not get criminal history points for his state 19 conviction listed in PSR ¶ 33. Although the sexual assault did occur at the same time as the 20 federal charges, the defendant is not charged with sexual assault in federal court and his 21 sentence in state court was previously imposed. Therefore, the application of three points is 22 appropriate. However, these points would not apply in this sentencing since the defendant 23 pled to 18 U.S.C. Section 924(c). See U.S.S.G. Section 2k2.4(b). Further, the United States 24 urges the court to accept the plea agreement and sentence the defendant in a manner which 25 runs his state and federal sentence concurrently and allows the defendant to serve his 26 sentence in federal prison. 27 28

Case 2:03-cr-01097-ROS

Document 132

Filed 12/15/2005

Page 1 of 2

1 2 3 4 5 6 7 8

Respectfully submitted this 15th day of December, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/ Lisa J. Settel LISA JENNIS SETTEL Assistant U.S. Attorney

9 I hereby certify that on the 15th day of December, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF 10 System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Robert McWhirter 11 I hereby certify that on 15th day of December, 2005, I served the attached document by 12 facsimile on the following who are not registered participants of the CM/ECF System: Jeannie Moreno 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Case 2:03-cr-01097-ROS

Document 132

Filed 12/15/2005

Page 2 of 2