Free Motion to Unseal Document - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LARRY W SZALEK State of W isconsin Bar No. 1003722 MARK T. ODULIO District of Maryland Bar No. 26348 Trial Attorneys U.S. Department of Justice Tax Division Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7661

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America,

14 15 v. 16 17 18 19 20 21 22 23 files its Motion to Unseal two sentencing motions as set forth below: 24 25 26 27 28
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Plaintiff,

CR03-00345-PHX-ROS Government's Motion to Unseal Sentencing Motions

1. John J. Rizzo; 2. Carol A. Rizzo; Defendants.

Plaintiff, United States of America, by and through its counsel of record, Larry J. Wszalek and Mark T. Odulio, Trial Attorneys, Department of Justice, Tax Division, hereby

Case 2:03-cr-00345-ROS

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United States' Motion for Downward Departures Pursuant to Plea Agreements and Response to Defendants John Rizzo and Carol Rizzo's Objections to Draft Presentence Investigation Report (PSR's)

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Government's Response to Defendant's Supplemental Sentencing Memorandum in Regard to Extent of Downward Departure After Government's Motion for Downward Departure Pursuant to Sentencing Guideline 5K1.1.

In support of its motion, the government provides the following: 1. Undersigned counsel are the government attorneys in United States v. Lorenzo

Lamantia, et. al.( W.D. WA, CR-04-00229-RMT). 2. The government anticipates calling defendant JOHN RIZZO as a witness in its

case in chief in the matter of United States v. Lorenzo Lamantia, et. al.( W.D. WA, CR-0400229-RMT). 3. As part of its Rule 16 obligations in that matter, the government must provide

to the defense the above referenced motions filed in the instant matter. 20 21 22 23 United States v. Lorenzo Lamantia, et. al.( W.D. WA, CR-04-00229-RMT). 24 25 26 27 28 2
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4.

Therefore, the government respectfully moves the court to unseal the two

motions described above so that the government can comply with its discovery obligations in

5.

Undersigned counsel discussed this matter with Defense Counsel Alan Caplan

who has no objections to the unsealing of the two documents referenced in this motion.

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Respectfully submitted this 29th day of November, 2005. /s/ LARRY J. WSZALEK MARK T. ODULIO Trial Attorneys United States Department of Justice Tax Division
I hereby certify that on November 29, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM /ECF registrants: Alan P. Caplan 630 Carolina St. San Francisco, CA 94107 ([email protected])

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Case 2:03-cr-00345-ROS

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Filed 11/29/2005

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