Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona DARCY A. CEROW Assistant U.S. Attorney [email protected] Arizona State Bar No. 011822 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-00777-PHX-PGR Plaintiff, v. Jose Cruz-Ibarra, aka: Jose Ibarra-Gomez Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION REQUESTING SENTENCING IN ABSENTIA

The United States of America, by and through its attorneys undersigned, hereby responds to defendant's above captioned motion. This response is contained in the attached Memorandum of Points and Authorities. Respectfully submitted this 13 th day of March, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona
/S/DARCY A. CEROW

DARCY A. CEROW Assistant U.S. Attorney

Case 2:03-cr-00777-PGR

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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 A. FACTS

MEMORANDUM OF POINTS AND AUTHORITIES

On October 22, 2003, the defendant was convicted of Illegal Re-entry after deportation with sentencing enhancement pursuant to Title 8 USC §§1326(a) & (b)(2). This Court imposed a twenty-seven month term of imprisonment to be followed by three (3) years of supervised release. Defendant's supervised release began on May 28, 2005 and he was deported to Mexico on June 28, 2005. Eight months later, on February 17, 2006, the defendant, using the alias Jose Ibarra-Gomez was arrested by Border Patrol in El Cajon, California. A three-court information was filed on March 21, 2006, in the U.S. District Court, Southern District of California, San Diego charging the defendant with illegal entry in violation of Title 8 USC §1325, a misdemeanor, and two counts of illegal entry in violation of Title 8 USC §1325, a felony, The defendant was convicted on all counts and sentenced to a total of 48 months imprisonment to be followed by 12 months supervised release. Defendant's projected release date is August 12, 2009. On February 21, 2007, the defendant filed a motion with the Court requesting that he be sentenced in absentia for violating his supervised release and further requests that his sentence run concurrent with the San Diego sentence. According to defendant's motion, he is currently in custody at FCI-Phoenix. B. LAW Violations of Supervised Release are governed by Fed. R. Crim. P. 32.1 which requires the defendant's presence before this Court before it can sentence the defendant for a violation of supervised release. Thus, the defendant's waiver of appearance is prohibited under the rules. ///// ///// ///// ///// ///// /////

Case 2:03-cr-00777-PGR

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C. CONCLUSION Based on the above, the defendant's motion should be denied. Once he has completed his San Diego sentence, he will be brought before this Court to address the allegations in the supervised release petition.

DANIEL G. KNAUSS United States Attorney District of Arizona
/S/DARCY A. CEROW

DARCY A. CEROW Assistant U.S. Attorney

Original filed and copy of the foregoing mailed this13 TH day of March, 2007 to Jose Ibarra-Gomez Reg. No. 48456-198 Federal Correctional Institution 379 N. 45 th Avenue Phoenix, AZ 85086-7055 Alicia Pineda U.S. Probation

Case 2:03-cr-00777-PGR

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