Free Reply to Response - District Court of Arizona - Arizona

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Alfred S. Donau III Arizona State Bar #3540 Pima County Bar #14784 DONAU & BOLT 3505 North Campbell Avenue, Suite 501 Tucson, Arizona 85719-2033 Telephone (520) 795-8710 Attorneys for Defendant LEON-RODRIGUEZ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) )

9 Plaintiff, 10 vs. 11 JAVIER LEON-RODRIGUEZ 12 Defendant. 13 14

CR-02-354-PHX-FJM REPLY TO GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE

COMES NOW, the Defendant, JAVIER LEON-RODRIGUEZ, and through counsel 15 undersigned, and hereby replies to the Government's response filed on or about August 23, 2006. 16 Although the Defendant plead guilty to a conspiracy to possess marijuana, there was no 17 specific location from which the marijuana allegedly originated. In fact, 90% of marijuana comes from 18 the Republic of Mexico. The fact that marijuana was involved in this conspiracy, does not give rise to any 19 negative inference regarding the Defendant's legitimate business in Mexico, which the government well 20 knows was ongoing long before the charges in this matter. The Defendant is on a very lengthy supervised 21 release. If he is required to wait until the supervised release expires, his business may not be in existence. 22 The proposal outlined by counsel undersigned, gives the government every comfort as to Mr. Leon's 23 whereabouts, both during the day and night. It is not Mr. Leon's plan to spend any significant time in the 24 Republic of Mexico, simply enough time to visit his business and conduct the type of meetings and 25 examinations any prudent businessman would conduct given the nature of the business. Simply having 26 books and records taken from Mexico to the United States does not accomplish the purpose sought in Mr. 27 Leon's original request. 28 1

Case 2:02-cr-00354-FJM

Document 258

Filed 08/28/2006

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WHEREFORE, IT IS RESPECTFULLY REQUESTED this matter be set for hearing and that Mr. Leon be permitted to travel to the Republic of Mexico for the limited purposes stated in the original motion. RESPECTFULLY submitted this 28th day of August, 2006. DONAU & BOLT Attorneys for Defendant JAVIER LEON-RODRIGUEZ _/s/_________________________ Alfred S. Donau III

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Case 2:02-cr-00354-FJM

Document 258

Filed 08/28/2006

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