Free Memorandum - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Arizona State Bar No. 014812 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-455-PHX-EHC Plaintiff, v. Juan Saavedra-Martinez, Defendant. GOVERNMENT'S MEMORANDUM REGARDING THE NECESSITY OF RESENTENCING

The United States respectfully submits the following memorandum in response to the

15 Court's query whether resentencing is appropriate. It appears from the record of the sentencing 16 proceedings on December 15, 2003, that the sentence imposed would not have been materially 17 different if this Court had known that the sentencing guidelines were advisory. Further, the 18 sentence of 64 months imposed by this Court was reasonable in light of the facts of the case, and 19 accomplishes the objectives of Title 18, United States Code, Section 3553(a). 20 Any sentence imposed by the trial court must be reasonable. United States v. Booker, 543

21 U.S. 220, 261-64 (2005). In imposing a sentence the district court must consult the United States 22 Sentencing Guidelines and correctly calculate a defendant's Guidelines range. United States v.
th 23 Mix, 433 F.3d 375, 380 (9 Cir. 2006). After properly consulting the Guidelines, the district

24 court must impose a sentence that is reasonable in light of the factors set forth in 18 U.S.C. § 25 3553(a). Id. 26 At the December 15, 2003, sentencing hearing, this Court consulted the Presentence

27 Report which correctly calculated the defendant's Guidelines range. Defendant objected that the 28 Presentence Report denied him a downward adjustment for acceptance of responsibility. (R T

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This Court sustained defendant's objection to the Presentence Report and

2 afforded defendant the three-level adjustment for acceptance of responsibility. (RT 12/5/03 17.) 3 This Court correctly calculated the defendant's guideline range without the adjustment as 77 to 4 96 months, and with the adjustment as 57 to 71 months. (RT 12/5/03 15.) 5 Having properly consulted the Guidelines, this Court also considered the defendant's

6 circumstances and criminal history (RT 12/5/03 16-17.) This Court then sentenced the defendant 7 to 64 months in prison. This is a sentence that is in the middle of the adjusted Guidelines range. 8 Had this Court determined that a lesser sentence was appropriate to satisfy the goals of 18 U.S.C. 9 § 3553(a), it could have sentenced defendant to a 57 month sentence under a mandatory guideline 10 regime. However, a sentence in the middle of the adjusted range reflects a sentence that would 11 not be materially different under the now advisory Guidelines. Further, the sentence imposed 12 satisfies the objectives of 18 U.S.C. § 3553(a): to reflect the seriousness of the offense, to 13 promote respect for the law, to provide just punishment, to deter criminal conduct, to protect the 14 public from further crimes of the defendant, and to provide necessary treatment to the defendant. 15 For the above reasons, it appears that the sentence previously imposed satisfies the

16 objectives of 18 U.S.C. § 3553(a), was imposed after consultation of the Guidelines, and would 17 not have been materially different had the Court known that the Guidelines were advisory. 18 19 20 21 22 23 24 25 26 27 28 The abbreviation "RT" will refer to the Reporter's Transcript and will be followed by a date and relevant page number(s).
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Respectfully submitted this 17 th day of November, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/Emory T. Hurley EMORY T. HURLEY Assistant U.S. Attorney

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CERTIFICATE OF SERVICE

2 I hereby certify that on November 17, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a 3 Notice of Electronic Filing to the following CM/ECF registrants: Lynn T. Hamilton. 4 S/Emory T. Hurley 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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