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 vs. Bruce Foy Lowry, Defendant. Defendant, Bruce Lowry, by and through undersigned counsel respectfully requests that the Court note the following objections to the final presentence report dated August 16, 2006. Objection 1: Page 1 ­ Detainers: Currently, the pre-sentence report lists no detainer; however, there should be a detainer from the State of Arizona for the United States of America, Plaintiff, No. CR-03-463-PHX-DGC DEFENDANT'S OBJECTIONS TO PRE-SENTENCE REPORT IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

23 conviction listed in Paragraph 32, State of Arizona vs. Lowry, CR 2002-05499. Objection 2: Page 12 ­ Criminal History, Paragraph 32: Mr. Lowry's 24 25 sentence in the current case should not be affected by the fact of this conviction. This 26 conviction post-dates Mr. Lowry's first sentencing in the instant case. Additionally, 27 this conviction in this paragraph is on direct appeal before the Arizona Court of 28

Case 2:03-cr-00463-DGC

Document 97

Filed 09/19/2006

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1 Appeals, Division One, with the appellant's supplemental brief due October 2006. 2 (See Exhibit 1: Arizona Court of Appeals Docket). 3 Respectfully submitted: September 19, 2006. 4 5 6 7 8 9 10 Copy of the foregoing transmitted by ECF this 19th day of September, 2006, 11 to: 12 CLERK'S OFFICE United States District Court 13 Sandra Day O'Connor Courthouse 401 W. Washington 14 Phoenix, Arizona 85003 15 FREDERICK BATTISTA 16 Assistant U.S. Attorney United States Attorney's Office 17 Two Renaissance Square 40 N. Central Avenue, Suite 1200 18 Phoenix, Arizona 85004-4408 19 Copy delivered to: 20 United States Probation Sandra Day O'Connor Courthouse 21 401 W. Washington, Suite 160 22 Phoenix, Arizona 85003 23 Copy mailed to: 24 BRUCE FOY LOWRY Defendant 25 s/Gabrielle Dorsey 26 \ObjectionsMTN 27 28 s/Jeanette E. Alvarado JEANETTE E. ALVARADO Asst. Federal Public Defender JON M. SANDS Federal Public Defender

Case 2:03-cr-00463-DGC

Document 97

Filed 09/19/2006

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