Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Baylen Boyd Bedell, ) ) Defendant. ) __________________________ ) Case No. CR 04-1258-PHX-MHM OBJECTIONS TO THE PRESENTENCE REPORT

8 United States of America, 9 10 11 12 13 14

COMES NOW the Defendant, Baylen Boyd Bedell, by and

15 through undersigned counsel, and objects to the presentence report 16 as follows: 17

1.

Defendant objects to paragraph 10 of the presentence

18 report where 4 points are added pursuant to 18 U.S.C. § 2241(a) 19 and U.S.S.G. § 2A3.1(b)(1). 20 double punishment.

The Defendant believes this is a

He was convicted of aggravated sexual abuse. It was a crime of

21 Sexuality was not even a part of his crime.

22 anger because the Defendant thought that his paramour had cheated 23 on him. 24 25 26 27 28

18 U.S.C. § 2241(a)(1) states as follows: a) By Force or Threat -- Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act -- (1) by using force against that other person; 1

Case 2:04-cr-01258-SRB

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"A `sexual act' within the meaning of this statute

2 includes `the penetration, however slight, of the . . . genital 3 opening of another by a . . . finger . . ., with an intent to 4 . . . arouse or gratify the sexual desire of any person.'"

(U.S.

5 v. Crowley, 318 F.3d 401 (2nd Cir. 2003) (citations ommitted). 6 Clearly, in this case Defendant's intent was not to arouse sexual 7 desire but instead, to punish the victim for having sex with 8 another man. 9

Thus, the 4 point increase should not apply. Defendant also argues that in light of the above,

2.

10 his conduct in this case falls out of the "heartland" of the 11 statute and the Guidelines and thus, Defendant requests that the 12 Court depart downward from the guideline calculations. 13 United States, 518 U.S. 81 (1996) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Koon v.

RESPECTFULLY SUBMITTED this 10th day of June, 2005. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

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CERTIFICATE OF SERVICE

X I hereby certify that on , I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for 3 filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 John Johnson, Esq. 5 ASSISTANT UNITED STATES ATTORNEY X I hereby certify that on August 24, 2005, I served the attached 7 document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 8 Kathleen Strand 9 U. S. PROBATION OFFICER Sandra Day O'Connor U.S. Courthouse - SPC 7 10 401 West Washington - Suite 160 Phoenix, AZ 85003 11
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S/ Philip A. Seplow

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Case 2:04-cr-01258-SRB

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Filed 08/24/2005

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