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. ) ) Felix Benites-Mondragon, ) ) Defendant. ) __________________________ ) Case No. CR 04-769-PHX-JAT

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

OBJECTIONS TO PRESENTENCE REPORT

COMES NOW the Defendant, Felix Benites-Mondragon, by and

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

1.

Felix Benites-Mondragon maintains that he never used

18 any aliases, and that all the aliases (except for his real name) 19 found at the bottom of page 2 is in error. 20

2.

Concerning paragrpah 10 on page 5 of the presentence

21 report, Felix Benites-Mondragon maintains that in paragraph 10 it 22 was the informant who said what the price was (set the price) and 23 not Mr. Benites-Mondragon. 24

3.

Mr. Benites-Mondragon would like to clarify

25 paragraph 44 found on page 10 of the presentence report and let 26 the Court know that Guadalupe Torres is the same person as Elena 27 Torres-Campana and that he has two children with her, son Felix 28 and a daughter named Samanta Benites-Torres, who is currently

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1 seven years old. 2

4.

Concerning paragraph 67 on page 13 of the

3 presentence report, the Defendant is looking at an incredible 4 amount of time.

He is not a young man.

He would like to get back It is not mandatory that

5 to Mexico and provide for his family.

6 this Court run the supervised release violation consecutively to 7 the term of imprisonment on the substantive charge.

Thus, it is

8 requested that the Court run the two case numbers (CR 04-751-PHX9 JAT & CR 00-774-PHX-JAT) concurrently. 10 11 12 13 14 15 16

RESPECTFULLY SUBMITTED this 20th day of October, 2005. PHILIP A. SEPLOW, ESQ.

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

X I hereby certify that on October 20, 2005, I electronically transmitted the attached document to the Clerk's Office using the 17 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 18 Glenn McCormick, Esq. 19 ASSISTANT UNITED STATES ATTORNEY
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X I hereby certify that on October 20, 2005, I served the 21 attached document by FAX and by First Class Mail on the following, who are not registered participants of the CM/ECF System: 22 Beth Stewart 23 UNITED STATES PROBATION OFFICER
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S/ Philip A. Seplow

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