Free Order - District Court of Arizona - Arizona

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 On January 17, 2006, the Ninth Circuit Court of Appeals vacated Defendant Besy Maldonado-Perez's 121-month sentence, and remanded "for resentencing under the nowadvisory Guidelines," in accordance with United States v. Booker, 543 U.S. 220 (2005), and United States v. Kortgaard, 425 F.3d 602, 610-11 (9th Cir. 2005). (Dkt. 103). After the mandate issued, counsel informed the Court that neither party intends to petition for certiorari. (Dkts. 104-05.) Accordingly, IT IS HEREBY ORDERED that Defendant shall be resentenced on Monday, March 20, 2006 at 9:00 a.m. in Courtroom No. 605. IT IS FURTHER ORDERED that, no later than March 1, 2006, counsel for Defendant shall advise the Court whether (i) Defendant waives her presence at resentencing and would like to appear instead by video conference or telephonically; or (ii) Defendant elects to be present at resentencing. If Defendant elects to waive presence, counsel for Defendant shall file and serve an appropriate form of waiver on this same date. United States of America, Plaintiff, vs. Besy Arely Maldonado-Perez, Defendant. ) No. CR-03-01064-PHX-SMM ) ) ) ) ) ) ) ) ORDER ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:03-cr-01064-SMM

Document 107

Filed 02/24/2006

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IT IS FURTHER ORDERED that, no later than ten (10) calendar days before sentencing, counsel for both parties shall submit briefs addressing the process the Court must follow in resentencing Defendant under the now-advisory Guidelines and in accordance with United States v. Booker, 543 U.S. 220 (2005), and United States v. Kortgaard, 425 F.3d 602, 610-11 (9th Cir. 2005). IT IS FURTHER ORDERED that, no later than March 1, 2006, the United States Probation Office shall forward copies of the complete Presentence Report submitted in preparation for Defendant's original sentencing to (i) the Court; (ii) counsel for the Defendant; and (iii) counsel for the Government. IT IS FURTHER ORDERED that a copy of this Order shall be provided to Linda Coyle, United States Probation Office. DATED this 22rd day of February, 2006.

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