Free Sentencing Memorandum - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2753 4 DONNA LEE ELM, #012127 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Keith Sill, Defendant. Keith Sill, through undersigned counsel, hereby provides the Court with a brief Memorandum as to the disposition of his Supervised Release violation. Mr. Sill is presently set for an Admit/Deny Hearing before the Honorable Mary H. Murguia on Monday, April 10, 2006. The Defense anticipates that he will at that time admit the violation. The parties have discussed a recommended sentence agreeable to all involved, and hope to be able to move directly into a disposition as soon as the admission has been entered on April 10, 2006. Mr. Sill would waive his right to a pre-disposition report. As the Court is aware, Mr. Sill faces a maximum term of twelve (12) months for violation in the 2005 Escape case, and a maximum term of seventeen (17) months for violation in the original 2002 case. If dispositions in those two cases are run consecutively, Mr. Sill faces a maximum prison exposure of twenty-nine (29) months. Without a stipulation that would tie the Court's hands, the parties have IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, No. CR-02-455-PHX-MHM and CR-05-21-PHX-SRB DEFENDANT'S DISPOSITION MEMORANDUM

Case 2:02-cr-00455-MHM

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1 reached an agreement as to a recommendation that Mr. Sill be sentenced to a 2 "terminal disposition" of twenty-four (24) months in the Bureau of Prisons, and no 3 Supervised Release to follow. 4 Mr. Sill is one of those individuals who has difficulty with compliance. 5 Given his history of that, as well as noncompliance violations in these cases, the 6 Court should not continue to pursue a supervised community placement. Instead, it 7 should give him a substantial sentence of imprisonment but terminate any further 8 Supervised Release. The recommended sentence of two years is not de minimis. 9 Moreover, it contemplates that Mr. Sill's two sentences would be run consecutively 10 ­ even though they are based upon the same conduct. Because he is accepting 11 responsibility early and not putting the Court, Probation Department, or Government 12 to the trouble of defending the violation petitions, he deserves this modest reduction 13 in sentence from 29 to 24 months. 14 The Probation Officer intends to recommend that Mr. Sill participate in 15 the Drug Abuse Program while incarcerated. She verified that the Bureau of Prisons 16 could place him in that program given that anticipated sentence. Recognizing that 17 that program calls for release to a halfway house (as a custodial placement) ­ and that 18 that sort he will reject that placement and finish his time in prison. That way, he will 19 have paid his debt to society in the federal system completely before he is released 20 again. 21 22 23 24 25 26 27 28 2 Respectfully submitted: April 4, 2006. JON M. SANDS Federal Public Defender s/Donna Lee Elm DONNA LEE ELM Asst. Federal Public Defender

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1 Copy of the forgoing was transmitted by CM/ECF 2 on this 4th day of April, 2006 to: 3 CLERK'S OFFICE Sandra Day O'Connor Courthouse 4 401 W. Washington, Suite 160 Phoenix, Arizona 85003 5 STEPHEN LARAMORE 6 Assistant U.S. Attorney United States Attorney's Office 7 Two Renaissance Square 40 N. Central Avenue, Suite 1200 8 Phoenix, Arizona 85004-4408 Copy of the foregoing was faxed 10 on this 4th day of April, 2006 to: 11 SHARON WARNER United States Probation Officer 12 Sandra Day O'Connor Courthouse 401 W. Washington, Suite 160 13 Phoenix, Arizona 85003 14 Copy of the foregoing was mailed 15 on this 4th day of April, 2006 to: 16 KEITH SILL Defendant 17 18 20 21 22 23 24 25 26 27 28 3 s/Donna Lee Elm 19 DONNA LEE ELM 9

Case 2:02-cr-00455-MHM

Document 53

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