Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona Howard D. Sukenic Assistant U.S. Attorney Arizona State Bar No. 011990 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-02-377-01-PHX-FJM Plaintiff, v. William James Osborn, Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR MODIFICATION OF SUPERVISED RELEASE PURSUANT TO TITLE 18 U.S.C. SECTION 3583 (e)

The United States of America, by and through undersigned counsel, responds to the 15 defendant's Motion and requests that this Court deny the defendant's Motion. The defendant 16 committed serious offenses, Bank Robbery and Use of a Firearm in a Crime of Violence, and 17 18 and to protect the public from further crimes of the defendant. 19 recollection the following facts are provided. On March 19, 2002, at approximately 3:16 p.m., 20 21 The defendant approached a teller and demanded $3,500. During the course of the robbery, the 22 defendant threatened the teller by stating, "no packs and no police or there was gonna be 23 bloodshed." At the time of this statement, the defendant opened up his shirt and displayed a gun. 24 The teller complied with the defendant's demand and handed over an amount determined, by an 25 audit, to be $3,552.00 in U.S. Currency. 26 27 28 The government uses the plural to also encompass the Bank of America bank robbery. Although defendant did not plead guilty to that bank robbery, it certainly was considered as relevant conduct.
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a three year term of supervised release is necessary to reflect the seriousness of the offenses 1/ To refresh the Court's

the defendant walked in to the Bank One located at 8001 North 35 th Avenue, Phoenix, Arizona.

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The defendant is correct, however, in his assertion that the restitution amount, due and owing, should be modified. The government supports the defendant's request and has provided this Court with an Order for a modification of the defendant's restitution obligation. On September 18, 2002, this Court sentenced the defendant to, among other things, a term of imprisonment of ninety months. Restitution was ordered, as required by 18 U.S.C. Section 3663, in the total amount of $6,102.08. This amount was broken down by victim with Bank One to receive $3,552.00 and Bank of America to receive $2,550.08. The defendant was correct in his pleading that funds were recovered. These funds, held under F.B.I. case number

91A-PX-70809, were returned by the F.B.I. to Bank One, in the amount of $3,500.00, on June 25, 2003 (See Exhibit A attached hereto and incorporated for reference), and to Bank of America, in the total amount of $932.45, on July 22, 2003 (See Exhibit B attached hereto and incorporated for reference). The Clerk of the Court's records do not reflect these payments and undersigned counsel apologizes for this lack of communication with the Clerk's Office to both this Court and the defendant. Pursuant to the government's communication on June 22, 2007 with the Clerk of the Court, the defendant has paid $2080.25. The government's calculations reflect that the total amount paid and recovered/returned has exceeded the amount of the restitution order by $410.62. The defendant is entitled to a refund of that amount as restitution has been settled in full. Excludable delay under 18 U.S.C. § 3161(h) is not anticipated as a result of this motion or an order based thereon. Respectfully submitted this 25 th day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ Howard D. Sukenic Howard D. Sukenic Assistant U.S. Attorney 2

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1 2 3 4 5 6 7 8 9 10 11 12 S/ Howard D. Sukenic 13 HOWARD D. SUKENIC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I hereby certify that on June 25, 2007, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: William James Osborn Fed. Reg. No. 46808-008 Federal Correctional Institution 1900 Simler Avenue Big Spring, TX 79720 Deborah Lynn Euler-Ajayi Federal Public Defenders Office 850 W Adams St., Ste 201 Phoenix, AZ 85007 Finance Office, U.S. District Clerk of Courts 401 W. Washington, Suite 130, SPC 1 Phoenix, AZ 85003-2118

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. § 3161(h) ____________ will commence on ____________________________ for a total of __________days. IT IS HEREBY ORDERED Pursuant to the United States' motion, and good cause appearing, it is ordered that restitution in this matter has been satisfied. It is further ordered that the Clerk of the Court shall refund monies to the defendant in the amount of $410.62. v. William James Osborn, Defendant. United States of America, CR-02-377-01-PHX-FJM Plaintiff, ORDER UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

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