Free Response to Motion - District Court of Arizona - Arizona

PAUL K. CHARLTON United States Attorney 2 District of Arizona
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LISA JENNIS SETTEL Assistant U.S. Attorney 4 Two Renaissance Square 40 N. Central Avenue, Suite 1200 5 Phoenix, AZ 85004-4408 Telephone (602) 514-7500 6 [email protected]
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-0763-PHX-NVW Plaintiff, v. Bharatkumar Jivabhai Patel, aka B.J. Patel; and Defendant. Plaintiff, United States of America, by and through its attorneys, PAUL K. CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel, Assistant United States Attorney, respectfully responds to defendant's request for home confinement and requests that it be denied. I. THE COURT LACKS JURISDICTION TO GRANT DEFENDANT'S REQUEST The court lacks jurisdiction to grant defendant's request. Rule 35 of Rules of Criminal Procedure allows for reduction of a defendant's sentence but not at the defendant's request. The government must make a motion for a reduction of sentence based on substantial assistance or the guidelines and policy statements of the sentencing commission. Despite the fact that the government strongly opposes any reduction in defendant's sentence, none of the other required elements are present allowing a sentencing reduction. II. THE DEFENDANT'S SENTENCE WAS APPROPRIATE The defendant entered into his plea agreement knowing that his wife was getting home confinement in exchange for his serving a prison sentence. Both the defendant and his wife entered into plea agreements which allowed them to keep their motel and have one of
Case 2:03-cr-00763-NVW Document 116 Filed 01/30/2006 Page 1 of 2

GOVERNMENT'S RESPONSE TO DEFENDANT'S REQUEST FOR HOME CONFINEMENT

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them run the business while the other served a prison term. The defendant and his wife have a tremendous amount of equity in their hotel. Not only have they paid off much of their initial mortgage of the motel but the motel has doubled in value. Leaving them with hundreds of thousands of dollars of equity easily exceeding $600,000. The defendant claims his family has to borrow money but obviously should not be rewarded for incurring debt when they have the means to pay for whatever they need. The Patels clearly have enough money to hire additional workers to run their business just like the millions of other business owners who need additional help in running their businesses. The defendant, who locked illegal aliens inside hotels rooms and who keep double books in order to conceal his illegitimate income from the United States should not be rewarded because he claims hardship. Clearly, every incarcerated defendant and his or her family could claim a similar monetary and personal hardship. The defendant's latest request is further demonstration of his lack of acceptance and minimization of his role in harboring illegal aliens.

Respectfully submitted this 30th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Lisa J. Settel

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LISA JENNIS SETTEL Assistant U.S. Attorney

I hereby certify that on the 30th day of January, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and 22 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Michael V. Black and James F. Metcalf
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I hereby certify that on 30th day of January, 2006, I served the attached document by mail on 24 the following who are not registered participants of the CM/ECF System: Scott Talbott and Bharatkumar Jivabhai Patel, inmate # 62027-208, PO Box 7001 A4D/2U, Taft Federal 25 Trustee Camp, Taft, CA 93268-7001.
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