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 MARK T. ODULIO Trial Attorneys U.S. Department of Justice Tax Division Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 Telephone (202) 514-8032 Facsimile: (202) 514-9623

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR03-00345-PHX-ROS Plaintiff, MOTION FOR RELEASE OF PRESENTENCE REPORT vs. 1. John J. Rizzo; Defendant. 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 moves this court to release the United States Probation Office's Presentence Investigation Report (hereinafter "Presentence Report") of John Rizzo to the undersigned counsel. Undersigned counsel are the government attorneys in United States v. Lorenzo Lamantia, et. al.( W.D. WA, CR-04-00229-RMT). As part of its Rule 16 obligations in that matter, the government has been ordered to provide presentence reports of cooperating witnesses to the Court for in camera review to determine whether the presentence report constitutes Brady or Gigilio material. See attached order of Judge Takasugi Dated June 13, 2005. Therefore, the government moves this Court to release to undersigned counsel the presentence report of 1
1434927.1

Case 2:03-cr-00345-ROS

Document 248

Filed 11/22/2005

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John Rizzo so that it can submit the presentence report to the Court in the Western District of Washington for its in camera review. Dated this 22nd day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona /S/ Mark T. Odulio MARK T. ODULIO LARRY WSZALEK Trial Attorneys U.S. Department of Justice Tax Divison
I hereby certify that on November 22, 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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1434927.1

Case 2:03-cr-00345-ROS

Document 248

Filed 11/22/2005

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