Free Motion to Unseal Document - District Court of Arizona - Arizona

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“UNITED STATES DISTRICT COURT FO ""RECENED ·—n-UJg( A
THE DISTRICT OF ARIZONA ‘ OCT 0 5 2007
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UNITED STATES OF AMERICA ) l§yWEf?WGT®FAn§ N_we{g
v. Respondent. g 005NwWJ:;;;;;;L0y` CI
PIO VALENZULA g D.C.
Defendant, i _ No. CR—O3_109l-PHX-PGR
MOTION TO UNSEAL SENTENCING TRANSCRIPT
Now comes Pio Valenzula, pro se, and hereby moves this
Honorable Court to unseal his sentencing transcripts for the
following reasons:
I 1. On October 13,2004, defendant was sentenced to 121 months
A following his guilty pleas to possession with the intent to dis-
tribute methamphetamine.
2. Defendant has recently discovered that this court impro-
perly calculated his Guideline range of 121 to 151 months. This
court have authority to unseal sentencing transcript where de-
fendant brings to the court's attention that he has been deprived
of factors and benefit of appeal, thereby violationg his Six
Amendment right to due process and the sentencing agreement in
the plea agreement.
3. Defendant have no ability to correct sentencing errors in
his case without the unsealed sentencing transcript, which would
otherwise work a grave injustice and provide a powerful disin-
centive to accepting plea agreements. ·
A. Defendant is entitle to review for safety valve relief
pursuant to 18 U.S.C. section 3553(f). See United States v. Mejia
-Pimental, 9th Cir., No. 05-30604. Decided February 26, 2007.
"[A] defendant satisfies his 'good faith' obligation by
providing the Government with truthful, complete information by
the time of the sentencing hearing. Anything else would unjusti-
fiably impose on a defendant the plain meaning of the text of
Section 3553(f)" Judge Ruchard A Paez
Case 2:03-cr-01091-PGR Document 86 Filed 10/05/2007 Page1 of3

5. Court unsealed documents, for good cause. See U.S. v.
Ochoa-Vasquez. 428 f.3d 1015 (11th cir. 2005).
POINTS AND AUTHORITIES 1
1. The Federal Rules of Criminal Procedure.
2. The record herein.
WHEREFORE, Pio Valenzula respectfully request that this Honorable
Court grant this motion, which is no way prejudices to the government,
and at Defendant expense, order that defendant be allow to purchase
the transcript as requested.
Pio Vaégnzuela
Reg# 81228-008
FCI Medium
P.O.Box 90043
Petersburg, Va. 23804
09/28/07
Case 2:03-cr-01091-PGR Document 86 Filed 10/O5/2007 Page 2 of 3

CERTIFICATE OF SERVICEQ
I hereby certify that a copy of the foregoing MOTION TO
UNSEAL SENTENCING 'IRANSCRIPTS was mailed to David Pimsner, s`
Esquire, Assistant U.S. Attorney, Two Renaissance Square 40 N.
Centeral Avenue, Suite (ZOO Phoenix Arizona 85004-4408.
PIO VALEN7 ELA
Rég§ No§81228—OO8
I J
Date 07 07,
Case 2:03-cr-01091-PGR Document 86 Filed 10/05/2007 Page30f3

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