Free Sentencing Memorandum - District Court of Arizona - Arizona

1 JAMES SUN PARK, #015232 2 111 W. Monroe St., Suite 1500 3 Telephone (602) 253-7275 Facsimile (602) 253-7276 4 [email protected] 5 Attorney for Defendant 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 policy statement under the Sentencing Guidelines calls for revocation with 21 recommended sentencing range of five (5) to eleven (11) months, the Court is not 22 bound by the policy statement. See United States v. Tadeo, 222 F.3d 623, 625 (9th 23 24 Cir. 2000). As long as the Court considers the policy statement, the Court is free to 25 26 27 beckons the Court to impose a sentence outside the policy range. 28 impose a sentence outside the recommended range. See id. Mr. Demasse's situation Defendant Mark Demasse respectfully requests the Court to impose a term of confinement at a half-way house in lieu of additional incarceration. Although the vs. Mark Demasse, Defendant. United States of America, Plaintiff, No. CR 03-00878-PHX-SRB DEFENDANT'S DISPOSITION MEMORANDUM (Oral Arguments Requested)
Phoenix, Arizona 85003 Park Law Office, PLC

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This violation represents Mr. Demasse's first violation for his supervised release. As stated in the petition and the probation officer's disposition memorandum,

4 Mark's initial performance was exemplary despite having number of issues arising during his supervision that would probably caused other individuals to violate much

7 earlier. See USPO's Justification for recommendation. 8 9 10 Mark understands and accepts the fact that he screwed up. He makes no excuses for his failure. See Exhibit A, Letter from the Defendant. What he can say

11 today is that he will give his word that he will make mature decisions in the future. 12 See id. His motivation for the change is his children1 and his desire to take care of 13 them. Mark knows that he's opportunity to be with his children is limited and he does 14 15 not want to screw it up. 16 17 18 valuable lesson. He also knows that he needs help in addressing his issues and he is 19 committed to kicking the problems that has plagued him in the past. He does not have 20 a choice, but to beat the problem to live up to his word. Mark has shown that he can 21 22 be an exemplary on supervision and he's requesting the Court to give him one last 23 24 25 The children were placed in custody of CPS as a result of neglect by the 26 biological mother while Mark was incarcerated. See USPO Memorandum dated July 27 19, 2006 at 2. 28 2
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Defendant has been in custody for more than two months and he has learned a

chance. Instead of sentencing him to prison, he would request the Court to sentence

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1 him to a half-way house. Mark vows that the Court will not be disappointed if the 2 Court were to take one more chance with him. 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 3
by J.S. Park James Park Copy of the foregoing Defendant's Disposition Memorandum filed via ECF this 18th day of January, 2007. In addition to filing via ECF, a courtesy copy of the foregoing scheduled for delivery on the 18th day of January, 2007 to: The Honorable Susan R. Bolton United States District Judge

It is not expected that excludable delay under 18 U.S.C. § 3161(h) is expected to occur as a result of filing of this memorandum. Respectfully submitted this 18th day of January, 2007.

Park Law Office, PLC

s/ James Sun Park JAMES SUN PARK Attorney for Defendant

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EXHIBIT A

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