Free Objection to Report and Recommendations - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

DIANE J. HUMETEWA United States Attorney District of Arizona Keith Vercauteren Assistant U.S. Attorney Arizona State Bar No. 013439 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, No. CR-03-0421-PHX-SMM Plaintiff, No. CV-06-2030-PHX-SMM (HCE) v. Carolyn Ann Harris Reed, Defendant. UNITED STATES' RESPONSE TO NOTICE OF OBJECTION TO REPORT AND RECOMMENDATION

The United States of America, by and through undersigned counsel, hereby responds to

17 defendant CAROLYN ANN HARRIS REED's Notice of Objection to Report and 18 Recommendation. The United States continues to stand by its Response to the defendant's 2255 19 Motion, and will not readdress in this Response the defendant's reiterating of her identical 20 arguments made in her Motion to Vacate, Set Aside or Correct Sentence by Person in Federal 21 Custody, and her subsequent Reply. 22 Defendant HARRIS REED pled guilty to the lesser included charge in Count 1 of the 23 Second Superseding Indictment to the offense of Conspiracy to Possess with the Intent to 24 Distribute 500 grams or more of Cocaine. This Court allowed the defendant to have ample time 25 to decide whether she wanted to plead guilty or have a trial. After the defendant advised the 26 Court again that she wished to plead guilty, this Court conducted a very thorough examination 27 with the defendant to make sure her plea was knowing and voluntary. The Court followed the 28 plea agreement and sentenced defendant HARRIS REED to serve 60 months imprisonment.

Case 2:03-cr-00421-SMM

Document 658

Filed 06/18/2008

Page 1 of 2

1

The United States agrees with the Report and Recommendation filed by Judge Estrada

2 on May 23, 2008. Judge Estrada made the appropriate factual findings and the legal discussion 3 was thorough and complete. The defendant's guilty plea was voluntary and not coerced, and her 4 attorney was not ineffective. Therefore, the United States respectfully requests that this Court 5 adopt the findings and recommendations of Judge Estrada, and deny the defendant's Motion to 6 Vacate, Set Aside or Correct Sentence by Person in Federal Custody. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CERTIFICATE OF SERVICE I hereby certify that on June 18, 2008, I electronically transmitted the attached document s/ Keith Vercauteren KEITH E. VERCAUTEREN Assistant United States Attorney Respectfully submitted this 18th day of June, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona

22 to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 23 Electronic Filing to the following CM/ECF registrant: 24 Michael L. Freeman, Attorney for Defendant Carolyn Ann Harris Reed 25 26 27 s/Keith Vercauteren Keith E. Vercauteren 28 Assistant United States Attorney
2 Case 2:03-cr-00421-SMM Document 658 Filed 06/18/2008 Page 2 of 2