Free Memorandum - District Court of Arizona - Arizona

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LYNN T. HAMILTON 240 North Center Street Mesa, Arizona 85201 (480) 644-0093 (480) 644-0095 fax State Bar I.D. #004047 Attorney for Appellant

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, ) Plaintiff-Appellee, v. JUAN SAAVEDRA-MARTINEZ, Defendant-Appellant.

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CR 03-00455-PHX-EHC MEMORANDA REGARDING NECESSITY OF RE-SENTENCING (Honorable Earl H. Carroll)

COMES NOW counsel for Mr. Saavedra-Martinez to respond to the Court's order of November 9, 2006 directing whether re-sentencing is appropriate. If the District Court had realized Guidelines were merely advisory, it is possible the Honorable Carroll would have given more weight to some factors outlined in 18 USC §3553. Appellant was brought to the U.S. by his parents when he was a child. He grew up in the United States attending school, speaking English and culturally assimilating and loving the U.S. (R.T. 12-15-03 at 5-6). Appellant had no real connections or relatives in Mexico. At one point, he did obtain a green card (Id at 9). Appellant is hopeful that Judge Carroll would afford greater weight to his assimilation into the mainstream of U.S. life and decrease his sentence upon remand. Appellant is presently in the custody of the Bureau of Prisons completing his 64 month sentence. His projected release date is December 2007. Case 2:03-cr-00455-EHC Document 76 Filed 11/17/2006 Page 1 of 3

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RESPECTFULLY SUBMITTED this 17th day of November 2006.

HAMILTON LAW OFFICE

/s/ Lynn T. Hamilton Lynn T. Hamilton Attorney for Appellant

Case 2:03-cr-00455-EHC

Document 76

Filed 11/17/2006

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CERTIFICATE OF SERVICE I hereby certify that on November 17, 2006, I electronically transmitted the

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attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a
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Notice of Electronic Filing to the following CM/ECF registrants:
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Emory T. Hurley, Esq. Assistant U.S. Attorney 40 N. Central Ave. #1200 Phoenix, AZ 85004-4408 s/ Lynn T. Hamilton

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Case 2:03-cr-00455-EHC

Document 76

Filed 11/17/2006

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