Free Sentencing Memorandum - District Court of Arizona - Arizona

1 2 3 4 5 6

LAW OFFICE OF NEIL C. LABARGE
NEIL C. LABARGE State Bar No. 13920 11 W . Jefferson St., #2 Phoenix, AZ 85003 (602) 252-4090 FAX (602) 252-2111 Attorney for Defendant Montoya-Rom an

IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF NEIL C. LABARGE S/Neil C. LaBarge ________________________________ NEIL C. LABARGE Defendant. Comes now defendant, through attorney Neil C. LaBarge, pursuant to 18 U.S.C. 3553, the advisory United States Sentencing Guidelines, U.S. v. Booker, 542 U.S. ____, 124 S. Ct. 738 (2005), U.S. v. Ameline, 02-30326 (9 cir. 2005), and the Due Process Clause of the 5th amendment to the U.S. Constitution, and respectfully submits the attached memorandum for the court's consideration at sentencing. Respectfully submitted this date: May 29, 2006. v. MARIO CESAR MONTOYA-ROMAN, U.S.A., Plaintiff, DEFENDANT'S PRE-SENTENCE MEMORANDUM No. CR-5-1315-1-PHX-FJM

Case 2:03-cr-01064-SMM

Document 122

Filed 06/02/2006

Page 1 of 3

1 2

MEMORANDUM Defendant pled guilty to the one count in the indictment, Illegal Re-entry After

3 Deportation, 8 USC 1326 (a), enhanced by (b)(2). Sentencing is set for Monday, June 5, 4 2006. Defendant requests that the court impose the lowest end of the guideline range, and 5 offers the following in support of that request: 6 7 1) As is indicated in paragraph 35 of the report, defendant has a 19 year old son, Cesar, 8 who functions at the level of a 4 year old. Defendant's primary reason for returning was to 9 return to California to care for his son. Attached as exhibits "A" and "B" respectively are a 10 letter from defendant's mother, Maria Carlier, and special education school records for 11 defendant's son. This is a truly tragic situation. Defendant's son was treated for cancer as an 12 infant, and developed complications after many weeks of chemotherapy. He is severely 13 mentally handicapped and requires constant attention and care. Exhibit "B" is a letter from 14 Cesar's school, the first page of the most recent Individualized Education Plan (EIP) for Cesar, 15 and Section "E" of the IEP, entitled Present Level of Performance. For purposes of brevity, 16 the rest of the IEP has not been attached, as it is thirty pages total and is somewhat repetitive 17 of the information laid out in section "E." Section "E" contains several short paragraphs 18 summarizing Cesar's current abilities in various areas, and clearly shows the degree of his 19 handicap. 20 Defendant greatly desires to be able to care for his son as soon as possible. While it is not 21 a legal justification or defense to the charge, defendant's son Cesar presents a very strong 22 emotional reason for his return to the U.S. in this case. 23 24 25 26 27 28 -2Filed 06/02/2006

Case 2:03-cr-01064-SMM

Document 122

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted this date: May 29, 2006. LAW OFFICE OF NEIL C. LABARGE

S/Neil C. LaBarge ________________________________ NEIL C. LABARGE

Original filed with the following via ECF this date: May 29, 2006. Clerk of the Court 401 W. Washington St. Phoenix, AZ 85003 Copies e-mailed to the following on this date: May 29, 2006. Hon. Frederick J. Martone [email protected] Copies mailed to the following on this date: May 29, 2006. Hon. Frederick J. Martone 401 W. Washington St. Phoenix, AZ 85003

Case 2:03-cr-01064-SMM

Document 122

-3Filed 06/02/2006

Page 3 of 3