Free Response - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona FREDERICK A. BATTISTA Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Maryland State Bar Member Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, CR-02-498-PHX-DGC Plaintiff, v. Joseph Andrew Murray, Defendant. The United States of America, by and through its attorneys undersigned, respectfully responds to defendant's Disposition Memorandum as follows. The government does not dispute that defendant suffers from the conditions set forth in his sealed memorandum. However, defendant has other significant prior history which precludes lenient treatment. This history relates to his lengthy juvenile and adult record as detailed in the original Presentence Investigation Report (PSR). Defendant's PSR documents four separate prior felony convictions, see PSR ¶¶ 27, 32, 33 and 42, as well as over fourteen misdemeanor, traffic and petty offenses, see PSR ¶¶ 28, 29, 30, 31, 34, 35, 36, 37, 38, 39, 40 and 41. Throughout defendant's criminal record, defendant has regularly failed to comply with the terms of his court ordered supervision. Unfortunately, defendant remained true to form while serving Federal supervised release in this case. RESPONSE TO DEFENDANT'S DISPOSITION MEMORANDUM

Case 2:02-cr-00498-DGC

Document 53

Filed 08/29/2007

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Defendant now seeks a significantly mitigated sentence because he has requested a term of 12 months incarceration with no additional supervision to follow. It is the position of the government, contrary to the Probation Office, that in light of the fact that defendant is a danger to society while he abuses drugs and commits crimes, he should not be rewarded for being difficult, hard to supervise or hard to treat by early termination of supervised release. If the defendant does not want to cooperate with the Court and submit to further supervision, he should be sentenced to a term of imprisonment of at least 20 months with no additional supervised release to follow. Any lower sentence would send a message to other individuals on supervised release that one can be rewarded for being difficult. Respectfully submitted this 29 th day of August, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona S/ Frederick A. Battista

14 15 16 17 18 19 20 21 22 23 24 25 26 2 S/Frederick A. Battista FREDERICK A. BATTISTA Assistant U.S. Attorney Donna Lee Elm Assistant Federal Public Defender Probation Officer Sharon D. Werner U.S. Probation Office I hereby certify that on August 29, 2007, I caused the attached document to be electronically transmitted to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: CERTIFICATE OF SERVICE FREDERICK A. BATTISTA Assistant U.S. Attorney

Case 2:02-cr-00498-DGC

Document 53

Filed 08/29/2007

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