Free Sentencing Memorandum - District Court of California - California

Case 4:08-cr-00357-SBA

Document 13

Filed 07/10/2008

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BARRY J. PORTMAN Federal Public Defender JEROME E. MATTHEWS Assistant Federal Public Defender 555 - 12th Street Suite 650 Oakland, CA 94607 Telephone: (510) 637-3500 Counsel for Defendant ROBERTO VASQUEZ RAMOS

6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 On January 15, 2008, Roberto Vasquez Ramos will stand before the Court prepared to 18 enter a plea to a single count of illegal re-entry by an alien following deportation. The parties 19 have submitted a Rule 11(c)(1)(C) plea agreement that recommends a sentence within the 20 applicable sentencing range. Mr. Vasquez Ramos agrees with the probation officer's 21 calculations, and submits this brief memorandum to request that the Court sentence him to two 22 23 24 25 26 Because Mr. Vasquez Ramos has a minor criminal history and the parties are requesting the Court to impose a sentence within the applicable guidelines range, he does not feel it necessary to discuss the Supreme Court's recent pronouncements on the relationship between the guidelines and this Court's sentencing discretion.
SENT. MEMO.
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) ) ) Plaintiff, ) ) vs. ) ) ROBERTO VASQUEZ RAMOS, ) ) Defendant. _____________________________________ )

No. CR-08 00357 SBA SENTENCING MEMORANDUM Sentencing Date: July 15, 2008 Time: 10:00 a.m.

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Case 4:08-cr-00357-SBA

Document 13

Filed 07/10/2008

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Mr. Vasquez Ramos first appeared in federal court on May 19, 2008, and has remained in custody since that time. Since the day of his initial appearance, Mr. Vasquez Ramos has been prepared to accept the consequences of his actions. He has chosen not to contest the legality of his prior deportation or otherwise interpose a defense to the present charge. His criminal history is minor. He has sustained tow misdemeanor convictions, one for battery and the other for driving on a suspended license. The most time he has served in custody is five days in the county jail. There is nothing egregious or unusual about Mr. Vasquez Ramos or this case that might merit a sentence above the recommended sentence, which is within the applicable guidelines range. For the reasons stated, Roberto Vasquez Ramos respectfully requests that the Court sentence him to two months.2

Dated: July 10, 2008 Respectfully submitted, BARRY J. PORTMAN Federal Public Defender /S/

18 19 20 21 22 23 24 25 26 The parties' plea agreement specifies alternative sentences of two months from May 19, 2008, or time served, whichever is longer. A two-month sentence with a start date of May 19, 2008, is the longer sentence.
SENT. MEMO.
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JEROME E. MATTHEWS Assistant Federal Public Defender

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