Free Reply - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams Street, Ste. 201 3 Phoenix, Arizona 85007 4 Telephone: (602) 382-2727 5 MILAGROS A. CISNEROS, #020410 [email protected] 6 Asst. Federal Public Defender Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 17 Kimberly Cordilla Davis, through undersigned counsel, hereby replies 18 to the government's response on her motion to modify the conditions of her 19 supervised release ("Motion"). The government's response to Ms. Davis's request 20 to be relieved of her condition of supervised release that she reside at a halfway house 21 ignores several important facts: (1) the significant deterrent effect that 10 months of 22 incarceration has had on Ms. Davis, as an individual (and not as a statistic); (2) the 23 fact that Ms. Davis was released from incarceration early, for good behavior, which 24 clearly demonstrates her respect for this Court; (3) the fact that Ms. Davis has proven, 25 for almost two months that she can comply with the demands of supervision; and (4) 26 the fact that being away from her family and knowing she cannot help out is more 27 stressful, not less stressful, than being at home. 28 vs. Kimberly Cordilla Davis, Defendant. United States of America, Plaintiff, No. CR 03-1012-PHX-DGC REPLY ON MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE

Case 2:03-cr-01012-DGC

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While perhaps it was foreseeable that Ms. Davis's family would demand

2 a great deal of attention, it was not foreseeable that her husband would lose the 3 support of his nephew when he had been relying on him for so long. Ms. Davis 4 simply asks the Court to take account of her present situation and not, as the 5 government does, simply make assumptions about her situation, almost a year later. 6 Ms. Davis has done everything that she has been asked to do by the probation officer. 7 She is clean and sober, and has been so for almost a year. She has been authorized 8 to hold a job, which means that she can come and go without supervision during work 9 10 hours. Should this Court consider it necessary, Ms. Davis is willing to submit to 11 electronic monitoring, which would mean that she could only go out for work and 12 specified activities. In that regard, because she holds a job, she essentially has more 13 freedom at the halfway house than she would living at home with electronic 14 monitoring. 15 For the foregoing reasons and for the reasons set forth in her Motion, 16 Ms. Davis respectfully requests that she be allowed to leave the halfway house to go 17 live with her family. 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted: October 20, 2006. JON M. SANDS Federal Public Defender

s/Milagros A. Cisneros MILAGROS A. CISNEROS Assistant Federal Public Defender

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1 Copy of the foregoing transmitted for filing via ECF this 20th day of October, 2006, to: 2 DAN DRAKE 3 Assistant U.S. Attorney 4 United States Attorney's Office Two Renaissance Square 5 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 6 7 Copy mailed to: 8 SHARON WERNER U.S. Probation 9 230 N. First Avenue 10 Phoenix, Arizona 85004 11 KIMBERLY CORDILLA DAVIS Defendant 12 13 s/Milagros A. Cisneros M. Cisneros 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:03-cr-01012-DGC

Document 57

Filed 10/20/2006

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