Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 014812 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-1201-PHX-NVW Plaintiff, v. Dolores Duarte-Carranza, Defendant. UNITED STATES' RESPONSE TO DEFENDANT'S OBJECTION TO THE PRESENTENCE REPORT

The United States, through undersigned counsel, hereby respectfully responds to

16 defendant's objections to the Pretrial Services Report (PSR). The United States does not oppose 17 defendant's objection. 18 While the defendant put the van he was driving into reverse before leaping into the back 19 of the van to avoid being identified as the driver, it appears that the van moved in reverse at no 20 more than idle speed. Agents were able to stop the van before it made contact with any vehicle 21 around it. Additionally, it does not appear that the van was being driven in a manner that would 22 create a sufficient risk to require the application of United States Sentencing Guidelines Section 23 2L1.1(b)(5). 24 / / / 25 26 27 28 /// /// /// ///

Case 2:04-cr-01201-NVW

Document 37

Filed 09/09/2005

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Respectfully submitted this 9th day of September, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona S/ Emory T. Hurley EMORY T. HURLEY Assistant U.S. Attorney CERTIFICATE OF SERVICE

I hereby certify that on September 9, 2005, I electronically transmitted the attached document 10 to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 11 Baltazar Iniguez 12 S/ Emory T. Hurley 13 EMORY T. HURLEY 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:04-cr-01201-NVW

Document 37

Filed 09/09/2005

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