Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

Daniel R. Raynak
State Bar No. 10098 45 West Jefferson, Suite 225 Phoenix, Arizona 85003 telephone (602) 992-7776 facsimile (602) 992-7646 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No.: CR 04-1172-01-PHX-DGC United States of America, Plaintiff, vs. Jason Eugene Jeffries, Defendant. COMES NOW the Defendant, Jason Eugene Jeffries, by and through undersigned counsel, and objects to the following provisions of the presentence report: OFFENSE CONDUCT There is no reference in the offense conduct that surveillance photographs were taken of the two individuals who robbed the bank and although their faces were covered, it is clear that neither one is Mr. Jeffries. Therefore, there is no (Assigned to the Honorable David G. Campbell) OBJECTIONS TO PRESENTENCE REPORT AND REQUEST TO HAVE THIS MOTION SEALED

question that Mr. Jeffries was not one of the two individuals who went to the bank

Case 2:04-cr-01172-DGC

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as he did not fit the physical description in terms of either skin color or weight. OFFENSE LEVEL COMPUTATIONS Under paragraph 20 relating to property taken from a financial institution it is the Defendant's contention that he was unaware these individuals were going to rob a bank and thus he is not responsible for that act. Therefore, that increase in offense level should not apply to this Defendant. Under paragraph 21 relating to use of a firearm, again Mr. Jeffries culpability occurs after the bank robbery when he accepts some money for driving the vehicle but he did not conspire, and was not a knowing accomplice to the bank robbery itself. Therefore, that increase in offense level should not apply to this Defendant. Mr. Jeffries does not deny he suspected something was going to happen prior to the robbery but he was never made part of the plans and thus did not agree to the plan to rob the bank. A request is made to seal this motion based on the fact that the Defendant is a cooperating defendant and the codefendants matters have not yet concluded. DATED this 10th day of March, 2006. DANIEL R. RAYNAK, P.C. By: s/Daniel R. Raynak Daniel R. Raynak, Esq. 45 Jefferson Street, Suite 225 Phoenix, Arizona 85003 Attorney for Defendant

Case 2:04-cr-01172-DGC

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ORIGINAL of the foregoing pleading was e-filed this 10 th day of March, 2006, with: Clerk of the Court United States District Court Sandra Day O'Connor U.S. Courthouse 401 W. Washington Street Phoenix, Arizona 85003 COPY of the foregoing pleading was mailed to this 10 th day of March, 2006 to: The Honorable David G. Campbell Judge of the U.S. District Court 401 West Washington Phoenix, Arizona 85003 Mr. Kurt Altman Assistant United States Attorney 40 North Central - Suite 1200 Phoenix, Az 85004 s/Daniel R. Raynak

Case 2:04-cr-01172-DGC

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Case 2:04-cr-01172-DGC

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