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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BALTAZAR INIGUEZ Attorney at Law 3106 N. 16th Street Phoenix, AZ 85016-7610 Phone (602) 285-5688 Fax (602) 277-1636 [email protected] State Bar No. 006084 Attorney for Defendant Cameron Braxton UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Cameron Ray Braxton, Defendant. ) No. CR 03-421-009-PHX-SMM ) ) ) OBJECTIONS TO PRESENTENCE ) REPORT ) ) ) ) )

COMES NOW Defendant Cameron Ray Braxton, by and through his undersigned attorney, and hereby objects to the Presentence Report at page 8, paragraph 39, wherein the presentence report writer has not given defendant a three level reduction for acceptance of responsibility. While it is true that defendant did not report to Pretrial Services as directed while on pretrial supervision, once he was arrested and taken into custody, he cooperated in every way with the Government and accepts full responsibility for his conduct in the instant case. In the Plea Agreement that was offered to him at page 4, paragraph 3b, the Government has agreed to recommend a three level reduction from the applicable

Case 2:03-cr-00421-SMM

Document 606

Filed 07/02/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Sentencing Guidelines offense level if the defendant accepts responsibility up to and including the time of sentencing. It is believed that defendant will accept responsibility including at the time of sentencing, and therefore, defendant respectfully recommends that the Court grant the defendant's and Government's recommendation and grant him a three level reduction for acceptance of responsibility. Defendant further requests that the Court grant what ever other downward departures the Court deems are appropriate based on the circumstances of this case. As the Court is aware, the Sentencing Guidelines are advisory and not binding on the Court, therefore, the Court is free to grant whatever reductions are appropriate based on the Government's recommendations and the Court's assessment of the case. For the above stated reasons, it is respectfully requested that the Court sentence defendant in accordance to the Plea Agreement and the Court's assessment of defendant's conduct and other relevant factors. RESPECTFULLY SUBMITTED this 2nd day of July, 2007.

s/Baltazar Iniguez BALTAZAR INIGUEZ Attorney for Defendant Cameron Braxton CERTIFICATE OF SERVICE

I hereby certify that on this date, I electronically transmitted the attached documents to the Clerk's Office using the CM/ECF System for filing and 24 transmittal of Notice of Electronic filing to the following CM/ECF registrants: Keith E. Vercauteren
25 26 27 28

Copy nd the foregoing mailed/faxed of this 2 day of July, 2007, to:

Case 2:03-cr-00421-SMM

Document 606

Filed 07/02/2007

Page 2 of 3

Angela M. Armijo U.S. Probation Officer 2 401 W. Washington Phoenix, AZ 85003
1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:03-cr-00421-SMM

Document 606

Filed 07/02/2007

Page 3 of 3