Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007 4 Telephone: (602) 382-2721 Facsimile: (602) 382-2800 5 JEANETTE E. ALVARADO, #016111 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 vs. Bruce Foy Lowry, Defendant. Defendant Bruce Lowry, through undersigned counsel, submits the following documents verifying the information Bruce Lowry gave to the U.S. Probation Officer during the pre-sentence interview, which was unable to be corroborated by a review of his Department of Corrections prison file. Objection 1: Paragraph 56 At his pre-sentence interview, Mr. Lowry provided information that he United States of America, Plaintiff, No. CR-03-463-PHX-DGC DEFENDANT'S SUPPLEMENTAL OBJECTIONS TO PRE-SENTENCE REPORT IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

24 had completed various Narcotics Anonymous and Alcoholics Anonymous classes 25 while incarcerated. The pre-sentence report indicated that information could not be 26 verified. Attached are the following Certificates of Participation (Exhibit 1): 27 28

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1.

Behavioral Addiction, ASPC -Eyman, Ryning Unit Programs Department, dated August 24, 1994.

2.

Alcoholics Anonymous, Rynning Unit Programs Department, dated August 24, 1994.

3.

Narcotics Anonymous, Ryning Unit Programs Department, dated August 24, 1994.

4.

Narcotics Anonymous, Ryning Unit Programs Department, dated September 13, 1995.

5.

Repeat

Offenders

Anonymous,

Ryning

Unit

Programs

Department, dated August 24, 1994. 6. Behavioral Addiction, Ryning Unit Programs Department, dated August 24, 1994. 7. Certificate of Appreciation for Service to ASPC, Florence, Arizona. Mr. Lowry requests the paragraph be modified to include a listing of the certificates awarded him for attending behavioral addiction, AA, NA and Repeat Offenders programs, while incarcerated at the Arizona State Prison Complex Eyman, in Florence, Arizona.

22 Objection 2: Paragraph 58 At his pre-sentence interview, Mr. Lowry provided information that he 23 24 was a certified veterans service officer at the Florence Prison from 1994 to 1997. The 25 pre-sentence report indicated that information could not be verified. Attached are 26 documents (Exhibit 2) verifying Mr. Lowry's service for Veterans while incarcerated: 27 28

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1.

Phoenix Vet Center's Appreciation Certificate for his volunteer work in developing a veterans office (assisting veterans, initiating and coordinating the Vet Center in his and other Arizona State Prison units) dated January 6, 1995.

2.

Rynning Unit Veterans' Certificate of Appreciation, dated April 20, 1995.

3.

Veterans of Foreign Wars' Certificate of Appreciation, dated May 1, 1995

4.

Veterans of Foreign Wars' Letter of appreciation dated May 1, 1995.

5.

Rynning Unit Veterans Office's Certificate of Recognition, recognizing Bruce Lowry as a "Founding Member" of the Rynning Unit Veterans Program, dated June 28, 1995.

6.

Rynning Unit Veterans Office's Certificate of Merit, dated August 23, 1995.

7.

Phoenix Vet Center's Readjustment Counseling Service letter dated February 23, 1996.

8.

Glendale Veterans Memorial Association Centurion Award (1996) for Bruce Lowry, in April 1996.

9.

Letter from Deputy Warden and Veterans Rep appreciating Bruce Lowry's efforts on behalf of Rynning Unit Veterans.

Mr. Lowry requests the paragraph be modified to include a listing of the

25 certificates and letters awarded him in recognition of his initiating and running the 26 Veterans program at the Arizona State Prison Complex - Eyman, in Florence, 27 Arizona, from 1994 to 1997. 28

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1 Objection 3: Education and Vocational Skills Section (Page 15) 2 Mr. Lowry completed coursework sponsored by the Education 3 Television Program, while at Arizona State Prison Complex-Florence, and certifcates 4 of completion are attached (Exhibit 3) as follows: 5 1. Money Management dated March 16, 2995 6 2. Commercial Driver's License dated April 11, 1995 7 3. Man, Science and Earth dated April 15, 1995 8 4. For All Practical Purposes dated April 21, 1995 9 5. Man, Science and Earth dated April 15, 1995 10 11 12 13 14 15 Academy: 16 17 18 19 20 21 22 23 24 25 26 27 ... ... ... s/Jeanette E. Alvarado JEANETTE E. ALVARADO Asst. Federal Public Defender Respectfully submitted: September 22, 2006. JON M. SANDS Federal Public Defender 6 7. 8. Basic Electricity dated June 15, 1995 The World of Chemistry dated June 15, 1995 Math for the Plumber dated June 22, 1995

Mr. Lowry also completed a course given by the American Bible

1.

Study on the Gospel of John dated July 27, 1995

28 . . .

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1 Copy of the foregoing transmitted by ECF this 22nd day of September, 2006, 2 to: 3 CLERK'S OFFICE 4 United States District Court Sandra Day O'Connor Courthouse 5 401 W. Washington Phoenix, Arizona 85003 6 FREDERICK BATTISTA 7 Assistant U.S. Attorney United States Attorney's Office 8 Two Renaissance Square 40 N. Central Avenue, Suite 1200 9 Phoenix, Arizona 85004-4408 10 11 Copy delivered to:

United States Probation 12 Sandra Day O'Connor Courthouse 401 W. Washington, Suite 160 13 Phoenix, Arizona 85003 14 Copy mailed to: 15 BRUCE FOY LOWRY 16 Defendant 17 18 19 20 21 22 23 24 25 26 27 28 s/Gabrielle Dorsey
\ObjectionsMTN

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