Free Sentencing Memorandum - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2729 5 JANE L. McCLELLAN AZ State Bar No. 015902 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 9 10 11 12 13 14 15 16 v. John Lunghofer, Defendant. Defendant John Lunghofer, by and through undersigned counsel, hereby United States of America, Plaintiff, No. CR-02-926-PHX-ROS No. CR-00-1205-PHX-ROS DISPOSITION MEMORANDUM IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

17 submits the following disposition memorandum. Defendant is on supervised release 18 on two matters that are before this Court. The petitions to revoke supervised release 19 alleged the same violations, and defendant admitted all violations. Defendant 20 admitted to four Grade C violations involving use of controlled substances, failure 21 22 to participate and reside at a community corrections center as ordered, and failure to 23 report regularly to the probation officer. Disposition is set for April 3, 2006. 24 Defendant has a long history of substance abuse. His criminal history 25 is all related to or caused by his substance abuse. After release from imprisonment 26 in December 2004, he had a brief period where he remained drug free and maintained 27 28 employment. However, he soon relapsed and was before this Court on supervised release violations. After serving a four-month sentence, Mr. Lunghofer was released

Case 2:02-cr-00926-ROS

Document 75

Filed 03/27/2006

Page 1 of 3

1 from imprisonment on September 25, 2005. The Court had ordered defendant to 2 reside at BSSW for six months after release as a term of his supervised release, but 3 no bed space was available upon his release. The probation officer directed him to 4 5 6 7 go to StepsHouse instead in November of 2005, but Mr. Lunghofer had begun using drugs by this time and did not go. The probation officer in this case is recommending the statutory

8 maximum sentence of 20 months on Case No. CR-00-1205-PHX-ROS and 13 months 9 on Case No. CR-02-926-PHX-ROS, and she is recommending that the Court impose 10 the sentences to run consecutively. This would mean a sentence of 33 months. 11 Further, the probation officer is recommending no further supervision. Defendant 12 respectfully requests that the Court impose the sentences in these matters to run 13 concurrently. The conduct and violations in each case are the same. Double the 14 punishment does not seem warranted or reasonable under the circumstances. 15 16 Defendant has not committed any new criminal conduct other than the continued use 17 of controlled substances. Defendant is remorseful for his conduct and frustrated with 18 his own failure to stay clean. He wants to get out of custody as soon as possible so 19 that he can help his daughter, who may be going into foster care, and his mother, who 20 is very ill. 21 22 23 24 25 26 27 28 s/ Jane L. McClellan JANE L. McCLELLAN Asst. Federal Public Defender In conclusion, defendant asks that the Court impose concurrent sentences in these matters, with no supervised release to follow. Respectfully submitted: March 27, 2006. JON M. SANDS Federal Public Defender

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1 Copy of the foregoing transmitted by CM/ECF for filing this 27th day 2 of March, 2006, to: 3 Clerk's Office 4 United States District Court Sandra Day O'Connor Courthouse 5 401 W. Washington Phoenix, Arizona 85003 6 Glenn McCormick 7 Assistant U.S. Attorney 8 Two Renaissance Square 40 North Central Ave., Ste. 1200 9 Phoenix, Arizona 85003 10 Copy delivered to: 11 Adelina Bustamante 12 U.S. Probation Office 401 West Washington Street, Suite 160 13 Phoenix, Arizona 85003 14 Copy mailed to: 15 John Lunghofer 16 Defendant 17 s/ Sheila Bareolos Sheila Bareolos 18 19 20 21 22 23 24 25 26 27 28

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