Free Sentencing Memorandum - District Court of Connecticut - Connecticut

Case 3:01-cr-00286-RNC

Document 41

Filed 12/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. CHARLES J. HOBLIN : : : : :

NO. 3:01CR00286(RNC) DECEMBER 28, 2004

SUPPLEMENTAL MEMORANDUM IN AID OF SENTENCING I. INTRODUCTION The Defendant, Charles Joseph Hoblin, respectfully files this supplemental memorandum as an aid to the Court in sentencing currently scheduled for Wednesday, January 5, 2005 in the United States District Court in Hartford, Connecticut in front of the Honorable Robert N. Chatigny, U.S.D.J. Based upon recent medical testing that the Defendant has undergone by Edward I. Winokur, MD of Harbor Medical Associates in Clinton, CT, it appears that Mr. Hoblin has extraordinary medical problems that would make him eligible for a § 5H1.4 downward departure due to his deteriorating medical conditions. New medical evidence has come to light which demonstrates his severe medical problems. A copy of the one-page letter from Dr. Winokur has been attached to this supplemental memorandum. Pursuant to § 5H1.4, extraordinary physical impairment may be a reason to depart downward from the otherwise applicable Guidelines range. It is submitted that this newly

presented evidence is substantial enough for the Court to sentence Mr. Hoblin below the Guidelines range and/or sentence him to home confinement. As §5H1.4 states, in certain circumstances with seriously infirm defendants, "home detention may be as efficient as, and less costly than, imprisonment." Such is the state of affairs in this case. Respectfully submitted this 28th day of December, 2004.

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Case 3:01-cr-00286-RNC

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Respectfully submitted, THE DEFENDANT CHARLES JOSEPH HOBLIN

By /s/ Frank J. Riccio . FRANK J. RICCIO Attorney for the Defendant Law Offices of Frank J. Riccio LLC P.O. Box 491 Bridgeport, CT 06601 Fed Bar # 00148 (203) 333-6135 (phone) (203) 333-6190 (fax)

CERTIFICATION This is to certify that a copy of the foregoing was mailed, postage prepaid, on December 28, 2004 to: Calvin Kurimai, Esq., Assistant US Attorney, Office of the United States Attorney, 157 Church Street, 23rd Floor, New Haven, Connecticut, 06510; Lisa Perkins, Esq., Assistant US Attorney, Office of the United States Attorney, 157 Church Street, 23rd Floor, New Haven, Connecticut, 06510, to Otto Rothi, United States Probation Officer, United States Courthouse, 450 Main Street, Room 735, Hartford, CT 06103; and a complimentary chambers copy to the Honorable Robert N. Chatigny, U.S.D.J., United States District Courthouse, 450 Main Street, Hartford, CT 06106.

By /s/ Frank J. Riccio . FRANK J. RICCIO LAW OFFICES OF FRANK J. RICCIO LLC

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Case 3:01-cr-00286-RNC

Document 41

Filed 12/29/2004

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