Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

BALTAZAR INIGUEZ Attorney at Law 2 3106 N. 16th Street Phoenix, AZ 85016-7610 3 Phone (602) 285-5688 Fax (602) 277-1636 4 [email protected] State Bar No. 006084
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Attorney for Defendant Delores Duarte Carranza UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Dolores Duarte-Carranza, Defendant. ) No. CR 04-1201-PHX-NVW ) ) ) OBJECTIONS TO PRESENTENCE ) REPORT ) ) ) ) ) ) )

COMES NOW Defendant Dolores Duarte-Carranza, by and through his undersigned attorney, and hereby objects to the Presentence Report at page 5, paragraph 13, wherein it a two level enhancement is given pursuant to Sentencing Guidelines 2Ll.l(b)(5). The presentence writer has given a two level enhancement because it is alleged that the illegal aliens were placed in substantial risk of death or serious bodily injury. Defendant disagrees with this position. In the Statement of Factual Basis accompanying the Criminal Complaint, it is stated that the defendant stopped the van and agents were approaching and that he placed the vehicle in reverse and jumped in the back of the van and that he put everyone involved in danger. However, it further states that the Border Patrol agents were able to stop the van before any damage or injuries occurred. It is defendant's position that the van did not travel in reverse and was placed back in park before it traveled any distance. For that reason, no one was placed in danger

Case 2:04-cr-01201-NVW

Document 36

Filed 09/02/2005

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as a result of the van being placed in reverse. As to the number of aliens, defendant's position is that this was as full sized van, that everyone in the van was in a comfortable position and not in any serious danger. The agents interviewed the material witnesses in this case and none of them stated that they felt they were in danger at any time during the time they were in the van. The agents also interviewed defendant and at no time did he state that he put the passengers in the van in any danger. To the contrary, the agents wrote in the Statement of Factual Basis that they followed the van until they were able to safely conduct a vehicle stop in Yuma, Arizona. For the above stated reason, defendant objects to the two level enhancement for placing the passengers in substantial risk of death or serious bodily injury. Defendant respectfully requests the Court to follow the recommendation by the Government and not give the two level enhancement under Sentencing Guidelines 2L1.1(b)(5). RESPECTFULLY SUBMITTED this 2ND day of September, 2005.

s/Baltazar Iniguez BALTAZAR INIGUEZ Attorney for Defendant Dolores Duarte Carranza CERTIFICATE OF SERVICE

I hereby certify that on this date, I electronically transmitted the attached documents to the Clerk's Office using the CM/ECF System for filing and 24 transmittal of Notice of Electronic filing to the following CM/ECF registrants: Emory Hurley.
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Copy ND the foregoing mailed of this 2 day of September, 2005, to: Justine L. Kozak U.S. Probation Officer

Case 2:04-cr-01201-NVW

Document 36

Filed 09/02/2005

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