Free Response to Motion - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PAUL K. CHARLTON United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Arizona State Bar No. 007480 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-1096-PHX-SMM Plaintiff, v. Rafael Cruz-Ayon, Movant. GOVERNMENT'S OBJECTION TO REPORT AND RECOMMENDATION CV-05-2576-PHX-SMM (BPV)

The United States of America, by and through undersigned counsel, respectfully objects to the Report and Recommendation issued only to correct what is believed to be a typographical error of the defendant's total offense level which is set forth on page 2, line 25 of the report. The report states that the defendant's total offense level at sentencing was a level 23. However, the defendant's total offense level at sentencing was a level 33 which provided for a sentencing range of 135 to 168 months. Pursuant to the stipulation in the plea agreement, the defendant was sentenced to 135 months, the low end of the applicable guideline range. Accordingly, undersigned counsel requests the Report and Recommendation be amended to reflect the correct total offense level. Respectfully submitted this 12th day of September, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

Case 2:03-cr-01096-SMM

Document 58

Filed 09/12/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I hereby certify that on September 12, 2006, I served the attached document by U.S. Postal mail on the following, who is not a registered participant of the CM/ECF system: Rafael Cruz-Ayon #81272-008 FCI Safford P.O. Box 9000 Safford, Arizona 85548

2

Case 2:03-cr-01096-SMM

Document 58

Filed 09/12/2006

Page 2 of 2