Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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PIO VALENZUELA ;
_____________________)
DEFENDANT'S moTT0N/REQUEST FOR SENTENCING HEARING TRANSCRIPT AND
DEFENDANT'S AFFIDAVIT IN SUPPORT OF MOTION FOR TRANSCRIPT(s) UNDER
CJA, 18 U.$-C.A. 3006A, et seq.
I NOW COMES, the defendant Pio Valenzuela, pro se who hereby
moves this honorable court to grant him an order for this court to
provide tohim a copy of his "Unsealed" sentencing hearing transcript
‘ regarding the above captioned matter. In support of this motion
the defendant states the following:
l. I am the named Defendant in the above referenced case and
I submit this affidavit in support of my motion herein to be furn-
ished free of charge, a copy of the unsealed sentencing hearing
transcript regarding such hearing held on October 13, 2004 in this ·
` court. I
2. Due to the legal expenses and outstanding debts incurred y
as a proximate result of this case for which I pled guilty, I am
now without the necessary financial resources to pay the costs of
such a transcript. I
3. Due to post—sentencing investigation new evidence and infor-
mation has been discovered that I have been deprived a Six Amendment
right to due process in regards to the sentencing agreement in the
offered plea agreement. _ I
4. Defendant now has the entitlement to review for a "safety
valve" relief pursuant to 18 U.S.C.A. 3553(f), et seq., for which
such a review of his sentencing transcript is vital and necessary
for a proper defense and post—conviction relief:
WHEREFORE, as averred herein, I hereby respectfully resquest
that an Order be promptly grantly furnishing to mena copy of the
unsealed sentencing hearing transcript of the hearing on October
13, 2004, accordingly. .
Case2:O3-cr-01091-PGR D0cument88 FiIed12/12/2007 Page10f2

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C Respectfully Submittgdj i Dated: December 8, 2007
Pic Valenzuela, Pro se
Reg. H0. 8l228·008
FCC Petersburg
P.O. Box 90043
Petersburg, VA 23804
,CERTIFICATE OF SERVICE ,
4 I Pie Valenzuela, defendant pro se hereby certify that thee i-
foregoing Metien/Request for Sentencing Hearing Transcript was
filed and served via First Class Mail, postage pre—paid by placing
same in the institutional mailbox at FCC Petersburg, en this 8th
day of December, 2007- A copy of same has been sen te the Clerk C
of this Court and to the designated U.S. Attorney in this matter.
Signed: Q
Pie Valenzuela, pre se
Case 2:03-cr-01091-PGR Document 88 Filed 12/12/2007 Page 2 012

Case 2:03-cr-01091-PGR

Document 88

Filed 12/12/2007

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Case 2:03-cr-01091-PGR

Document 88

Filed 12/12/2007

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