Free Sentencing Memorandum - District Court of California - California

Case 5:07-cr-00340-RMW

Document 14

Filed 09/28/2007

Page 1 of 2

1 2 3 4 5 6 7

BARRY J. PORTMAN Federal Public Defender NICHOLAS PETER HUMY Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant VICTORIA-BENTANCOURT

IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 Daniel Victoria-Bentancourt submits this sentencing memorandum to assist the Court in 17 fashioning an appropriate sentence in this matter. The defense has read the Presentence Report 18 prepared by the United States Probation Office in this matter. The defense agrees with the 19 guidelines calculations contained in the report, and with the resulting sentencing range. 20 More importantly, the defense finds that the report properly puts before the Court the 21 issues that should be considered pursuant to Title 18 § 3553, i.e. that Mr. Victoria-Bentancourt 22 has only been deported once; that he grew up in extreme poverty (poverty which thwarted his 23 attempt to improve his lot through military service); and that he has had a serious drug 24 dependency problem, which he genuinely recognizes as a contributor to his problems, and which 25 he seeks to address through treatment; and, finally, that this conviction and sentence follow a 26
SENTENCING MEMORANDUM

) ) ) Plaintiff, ) ) vs. ) ) DANIEL VICTORIA-BENTANCOURT, ) ) Defendant. _____________________________________ )

No. CR-07-00340 RMW DEFENDANT'S SENTENCING MEMORANDUM

1

Case 5:07-cr-00340-RMW

Document 14

Filed 09/28/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12

previous lengthy sentence served in the CDC. The defense also agrees with the sentence recommended by the United States Probation Office. Independently of the recommendation, the defense would have asked for a sentence of approximately 50 months. Mr. Victoria-Bentancourt would only add a request that the Court recommend that he be housed where he will be able to participate in a drug treatment program, including, but not limited to the intensive one year program under Title 18 U.S.C. § 3621(e), if he is eligible.

Dated: September 28, 2007 Respectfully submitted, BARRY J. PORTMAN Federal Public Defender /S/

13 14 15 16 17 18 19 20 21 22 23 24 25 26
SENTENCING MEMORANDUM

NICHOLAS PETER HUMY Assistant Federal Public Defender

2