Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona HOW ARD D. SUKENIC Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 011990 Telephone (602) 514-7522 [email protected]

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The defendant moved under 18 U.S.C. § 3583(c)(2). However, as the relief requested is solely based upon the ordered restitution, 18 U.S.C. §3664(k) appears to be the applicable statute.
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United States of America, Plaintiff, v. Terry Mark Crain, Defendant. Comes now the United States of America, by and through undersigned counsel, and opposes the defendant's Motion made pursuant to 18 U.S.C. § 3664(k). 1/ This defendant was convicted of two separate bank robberies and has a responsibility to pay restitution as part of the sentences imposed by this Court. The Court, in sentencing defendant, ordered, among other things, that "if incarcerated, payments shall begin under the Bureau of Prisons Financial Responsibility Program." This program is codified in 28 C.F.R. §§ 545.10 - 545.31 (2004). It appears that the defendant is still physically and mentally capable to find work in the Bureau of Prisons and therefore must continue to meet his legitimate financial obligations. For these reasons, the government respectfully requests that this Court deny the defendant's Motion. GOVERNMENT'S RESPONSE TO DEFENDANT'S PRO SE MOTION FOR MODIFICATION OF SENTENCE CR-02-378-PHX-SRB CR-03-00159-1-PHX-SRB

Case 2:03-cr-00159-SRB

Document 25

Filed 10/30/2007

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Respectfully submitted this 30 th day of October, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ Howard D. Sukenic HOWARD D. SUKENIC Assistant U.S. Attorney Copy of the foregoing mailed this 30 th day of October, 2007, to: Mr. Terry Mark Crain Reg. #24095-008 FCI P.O. Box 6000 Florence, Co. 81266-6000 Ms. Carmen L. Fischer Attorney at Law Luhrs Tower 45 West Jefferson, Suite 403 Phoenix, AZ 85003-2314 s/ Howard D. Sukenic ____________________________ Howard D. Sukenic

Case 2:03-cr-00159-SRB

Document 25

Filed 10/30/2007

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