Free Sentencing Memorandum - District Court of Arizona - Arizona

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JERRY HERNANDEZ ATTORNEY AT LAW BAR #13021 115 W. HU-ESTA DR. TEMPE, AZ 85282 (480) 231-3053 BAR #13021 [email protected] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs.
PEDRO SANDOVAL-LOPEZ,

Defendant.

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No. 02CR00946-001-PHX-JAT (Assigned to the Honorable James A. Teilborg) DISPOSITION HEARING MEMORANDUM

Comes now the Defendant, Pedro Sandoval-Lopez, and respectfully provides the court with his position on the appropriate disposition in this case.

MEMORANDUM OF POINTS AND AUTHORITIES

The defendant has reviewed the disposition report tendered by the adult probation office. That report includes a recommendation for nine months. The defendant requests the minimum of six months and offers the court an explanation on why that is
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appropriate:

On May 5, 2004 the defendant's son, Alexandro, swallowed a quarter and was rushed to the hospital. Basic life support was needed in the ambulance ride to the hospital. Once at the hospital surgery was needed.

The defendant crossed the border on May 8, 2004, to be at his four-year old son's side. He would not have entered the country absent this emergency.

Secondly, the defendant has a sister in Mexico with severe arthritis. Her name is Christina Walton-Lopez. Christina is marginally ambulatory and the defendant is the one who looks after her.

The defendant has medical documentation to support this, however, it is written in Spanish. Defense Counsel just received this information, and with the court's permission, plans on having the court interpreter read a short paragraph into the record.

Lastly, the District of California does not have a fast track program to deal with illegal re-entry while on supervised release cases. This means that Mr. Lopez is serving consecutive time for his supervised release violation.

Case 2:02-cr-00946-JAT

Document 36

Filed 04/07/2006

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In this scenario six months is appropriate.

Respectfully submitted: April 7, 2006

s/

JERRY HERNANDEZ JERRY HERNANDEZ 115 W. Hu-Esta Dr. Tempe, Arizona 85282 BAR #13021

I hereby certify that on April 7, 2006 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/ECT registrants:

Darcy Cerrow Assistant United States Attorney Copy Mailed to: Pedro Sandoval-Lopez Defendant

Case 2:02-cr-00946-JAT

Document 36

Filed 04/07/2006

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