Free Sentencing Memorandum - District Court of California - California

Case 4:08-cr-00354-SBA

Document 11

Filed 09/05/2008

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JOSEPH P. RUSSONIELLO (CASBN 44332) United States Attorney BRIAN J. STRETCH (CASBN 163973) Chief, Criminal Division W. DOUGLAS SPRAGUE (CASBN 202121) Assistant United States Attorney 1301 Clay Street; Suite 340-S Oakland, California 94612 Telephone: (510) 637-3771 Facsimile: (510) 637-3724 E-mail: [email protected] Attorneys for Plaintiff

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 8, 2008, the Court referred this matter to the U.S. Probation Office for a pre-plea, criminal history only report. The U.S. Probation Office has determined that defendant's criminal history places him in Criminal History Category V. As set forth in the proposed plea agreement, the parties agree that defendant's total offense level is 6. A total offense level of 6 and a Criminal History Category of V results in an applicable guideline range of 9-15 months. The defendant was offered a plea agreement pursuant to the government's "fast-track" program. In part due to the defendant having been deported approximately nine times, however, the parties agreed that an appropriate sentence of imprisonment would be the high end of the applicable guideline range. GOVT. SENT. MEM.; CR 08-00354 SBA ) ) Plaintiff, ) ) v. ) ) MARCO ANTONIO MERCADO-PARRA, ) ) Defendant. ) ) UNITED STATES OF AMERICA, No. CR 08-00354 SBA GOVERNMENT'S SENTENCING MEMORANDUM DATE: September 9, 2008 TIME: 9:00 a.m. Honorable Saundra Brown Armstrong UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case 4:08-cr-00354-SBA

Document 11

Filed 09/05/2008

Page 2 of 2

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Having received and reviewed the Modified Presentence Investigation Report dated August 27, 2008, the government agrees with the criminal history computation. Accordingly, the government respectfully requests that the Court accept the proposed Rule 11(c)(1)(C) plea agreement and sentence defendant, Marco Antonio Mercado-Parra, to 15 months imprisonment, three years of supervised release, and the mandatory $100 special assessment. DATED: September 5, 2008 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ W. DOUGLAS SPRAGUE Assistant United States Attorney

GOVT. SENT. MEM.; CR 08-00354 SBA

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