Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona FREDERICK A. BATTISTA Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Maryland State Bar Member Telephone (602) 514-7500

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, CR-03-543-001-PHX-SMM Plaintiff, v. Kelly Timothy Liu, Defendant. RESPONSE TO DEFENDANT'S MOTION FOR EARLY TERMINATION OF PROBATION

The United States of America, by and through its attorneys undersigned, respectfully responds to defendant Kelly Liu's Motion for Early Termination of Probation as follows. The government has been advised by Probation Officer Leigh Anne Gibbons that defendant has satisfied all of the special conditions of his sentence, including 100 hours of community service, and has paid the required special assessment. In addition, Probation Officer Gibbons has no objection to defendant's pending motion. With respect to the government's position, defendant was originally placed on probation for a period of three years in March of 2003. Since this case involved the unlawful purchase of firearms and ultimate unlawful exportation of the firearms to a foreign country

Case 2:03-cr-00543-SMM

Document 92

Filed 08/11/2006

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by a third party, the government believes that early termination after a period of two years, assuming continued successful compliance, would be appropriate in this case. Regarding defendant's concerns with his present travel restrictions, the government has no objection to the restrictions being modified to allow defendant greater latitude in domestic and international travel while on probation. For example, the restrictions may be modified to simply require pre and post travel notification to defendant's probation officer. Respectfully submitted this 11th day of August, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/Frederick A. Battista FREDERICK A. BATTISTA Assistant U.S. Attorney

CERTIFICATE OF SERVICE I hereby certify that on August 11, 2006, I caused the attached document to be electronically transmitted to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Bruce Feder Counsel for Defendant Probation Officer Leigh Anne Gibbons U.S. Probation Office S/Frederick A. Battista FREDERICK A. BATTISTA Assistant U.S. Attorney

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Case 2:03-cr-00543-SMM

Document 92

Filed 08/11/2006

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