Free Response to Motion - District Court of Arizona - Arizona

Case 2:O3—cr—OO421-SI\/II\/I Document 592-5 Filed O2/06/2007 Page 1 of 3

SPENCER, HUBBARD & GLITSOS pn:
Barbara L. Spencer 45 West Jefferson Street
Patricia A. Hubbard Suite 5 l2, Luhrs Tower
Rena P. Glitsos Phoenix, Arizona 85003
Attomeys At Law Tel: (602) 528-0882
Fax: (602) 252-l724
March 22, 2005
Ms. Carolyn Harris Reed
1920 East St. Arme
Phoenix, AZ 85040
Re: US v. Carolyn Ann Harris Reed CR03-0421-03-PHX-SMM
Dear Ms. Reed:
I am writing in response to your letter dated March 17, 2005. Enclosed you will Bnd the draft of
the Presentence Report. Please read it and provide me with corrections either in writing or leave me a
telephone message. I am also available to meet with you to discuss anything you think is incorrect in the
report.
I have spoken to the courtroom deputy for Judge McNamee. She told me she believes the judge
has denied my motion to withdraw as your lawyer. She also said she thinks that your sentencing date has
been continued to the end of April, as has the date to Ble objections to the Presentence Report. I have not
received official word Bom the court as of yet however so until you are notiBed, your court date remains
March 28, 2005 at 3:00 p.m.
In your letter you said that I "wrote a private 16 page letter to the Judge". I am not sure why you
believe that but it is categorically untme and it would be improper for me to do that. Moreover, you are
concerned "that I entered a `motion for appointment of counsel recently filed with the court'. I have NO
knowledge or participation in any such motion." I have no idea what that entry means or if it is even
related to you but it is unrelated to anything I have Bled. I believe it is possibly a reference to a
document that you Bled, the one that we had the closed hearing about in Judge McNamee's court.
You have told me on several occasions that you were adamant about withdrawing Bom your plea
agreement, despite your statement in your letter that "I have given no indication that withdrawing is my
intention". You have been very clear on more than one occasion that you wanted to withdraw Bom the
plea. As a result, I Bled a Motion to Withdraw as your lawyer because not only do I think it would not
be in your best interest to withdraw, but I do not think you have any legal basis for doing so. I Bled the
Motion to Withdraw as your lawyer because you were not willing to discuss the pros and cons of
withdrawing Bom the plea and because at that time you refused to discuss any reasons why I thought
you could not, or should not,
Case 2:O3—cr—OO421-SIVIIVI Document 592-5 Filed O2/06/2007 Page 2 of 3

withdraw. I filed the motion with a request to seal it because it is a matter only between the court, you,
and me. Because I asked for it to be sealed, I am happy to show it to you but I don't think it is
appropriate to mail it to you.
Even though you are now saying "I have given you NO indication that withdrawing is my
intention", I do not think you have a legal basis to get out of the plea. As you are aware, there is a new
United States Supreme Court case United States v. Booker 125 Sup. Ct 738 (2005) that was decided
after you entered your plea. That case indicates the Sentencing Guidelines are advisory in nature,
meaning that a judge could go outside the Guidelines in determining a sentence. The problem in your
case is that the sentencing enhancement that would give you a 10 to 20 year minimum prison sentence if
you lost at trial on a conspiracy count is a part of the statute, not the Sentencing Guidelines. Therefore, it
does not matter that the Guidelines are advisory because it is the statute that would mandate the judge to
give you such a harsh sentence. Therefore, I would be unable to argue that the Booker case would
provide a legal basis to withdraw iiom your plea
As I told you, my understanding is that your sentencing date will be continued. Thus, there will
be ample time to file any objections to the Presentence Report and go over other sentencing issues.
Please read the report and let me know about any corrections that need to be made. I will be in trial the
week of March 21, 2005 but will be available to meet the following week.
Sincerely yours,
Barbara L. Spencer
BLS/bms
Enclosure
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