Free Other Notice - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2751 Facsimile: (602) 382-2800 5 KAREN M. WILKINSON, #014095 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 IN THE UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 vs. Richard Dennis, Defendant. United States of America, Plaintiff, DISTRICT OF ARIZONA CR03-987-PHX-DGC NOTICE OF AGREEMENT and REQUEST FOR HEARING

The Government has charged Mr. Dennis with violating his probation. The parties previously reached an agreement to reinstate Mr. Dennis. On January 24,

20 2008, the Court rejected the agreement. The Probation Officer also had not endorsed 21 that agreement. The parties now have reached a new agreement, which the Probation 22 Officer does endorse. Under that stipulation, Mr. Dennis will admit to not paying 23 restitution, and will serve six months in prison, followed by three years of supervised 24 release. The Government will dismiss the other allegation. Should the Court concur 25 26 27 28 with the agreement, the parties request that the Court set an admit/deny and disposition hearing for January 30, 2008, and vacate the probation revocation hearing currently set for February 12, 2008.

Case 2:03-cr-00987-DGC

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The proposed stipulation is within the applicable guideline ranges. At

2 the time of his original sentencing, Mr. Dennis's applicable guideline range was 0-6 3 months. The applicable range for a probation violation of this type is 4-10 months. 4 5 6 7 The proposed sentence of six months is at the high end of the original sentencing range, and is above the low-end of the applicable probation violation range. The sentence also is sufficient, but not more than necessary, to

8 implement the goals of 18 U.S.C. § 3553. As presented to the Court at the last 9 hearing, Mr. Dennis is not perfect, but he has made steady progress since the Court 10 reinstated his probation fourteen months ago. He has successfully addressed his 11 serious mental health problems, and is taking necessary medications. He has 12 consistently shown up, about once each week, for his drug tests, and, with one alleged 13 exception, has tested negative on all tests. A sentence of six months is sufficient to 14 15 16 17 impress upon him that he has to comply with this Court's orders. It also, however, accounts for the positive changes and efforts made by Mr. Dennis in the last year. Finally, he will have three more years of supervision to continue to make the

18 necessary changes in his life. The Court previously set a Probation Revocation Hearing for February 19 20 12, 2008, but had indicated that it had time on its calendar this week if the parties 21 wished to proceed more quickly. Counsel for Mr. Dennis will be leaving the office 22 for one year on February 1, 2008. Mr. Dennis would like to resolve the case before 23 that date if possible. Should the Court concur with the parties' agreement, Mr. 24 25 26 27 Dennis asks the Court to set an admit/deny hearing and disposition for either January 30 or 31, 2008. It is counsel's understanding that the Probation Officer will be submitting her Disposition Report to the Court on January 29, 2008.

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Respectfully submitted: January 29, 2008. JON M. SANDS Federal Public Defender s/ Karen M. Wilkinson KAREN M. WILKINSON Asst. Federal Public Defender

I hereby certify that on January 29, 2008, I electronically transmitted the attached 7 document to the Clerk's Office using the ECF System for filing and transmittal of a 8 Notice of Electronic Filing to the following ECF registrants: 9 PAUL ROOD Assistant U.S. Attorney 10 Two Renaissance Square 40 N. Central, Suite 1200 11 Phoenix, Arizona 85004-4408 12 13 Copy mailed to: 14 ADELINA BUSTAMANTE U.S. Probation Officer 15 Field Supervision Office 230 N. 1st Avenue, Suite 406 16 Phoenix, AZ 85003-1725 17 RICHARD DENNIS 18 Defendant 19 21 22 23 24 25 26 27 28 3 s/ yc yc 20

Case 2:03-cr-00987-DGC

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