Free Admissions of Allegation - District Court of Arizona - Arizona

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· LOGGED
DANIEL G. KNAUSS -....._ ascsivrso
1 United States Attorney COPY
2 District of Arizona
ANGELA w. WOOLRIDGE JUL I 2 2007
3 Assistant U.S. Attorney
405 West Congress Street, Suite 4800 CLE e
4 Tucson, Arizona 85701-5040 BTK U.S. DISTRICT COURI
Telephone: (520) 620-7300 ,8,, $****67 OF AREONA
S ange H.WD0lI`id$€@USdO]'.g0V
Attorneys for P aintiff ·
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 United States of America,
9 Plaintiff, CR 04-1 103-PHX-FRZ
10 V _ _ .
11 REVOCATION DISPOSITION
Alejandro Cano-Sanchez AGREEMENT
12 Defendant. ‘
13
14 The United States of America and the defendant agree to the following disposition
15 of this matter: - ,
16 TERMS OF THE AGREEMENT
17 l. This is a revocation of: _ I
18 (X) supervised release
19 2. The defendant will admit to allegation A in the Petition to Revoke. This is a
20 Grade Q violation. As a result, the defendant’s supervised release will be revoked. The
21 government agrees to dismiss at disposition any remaining allegations in the petition, if the
22 defendant is sentenced in accordance with this agreement.
23 3. The parties agree that the defendant will be sentenced to:
24 (X). a period of incarceration not to exceed the middle ofthe applicable
guideline range under U.S.S.G. § 7B1.4(a) (Revocation Ta e), and
25 not below the minimtnn of that range (12 - l5 mos).
i 26
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1 4. This sentence will be followed by:
2 i (X) an additional term of supervised release to be determined by the court.
3 If the defendant is sentenced to a term of probation or supervised release, the
4 Q defendant agrees to comply with the previously imposed conditions and any others
5 the probation department or court deems appropriate.
6 5. Consecutive/Concurrent sentences: I
7 (X) $$%?§‘B‘%?§5§%‘f‘~$é?§$.’é1l(‘L%$‘}2$`iE$°0‘£~E§2T§F鑧$§t‘i£§°§‘§$“§§§
8 additional term of supervised release).
9 6. Statutory and Guideline Provisions: -
10 a) U.S.S.G. § 7B1.4, the Terms of Imprisonment (Policy Statement) provides:
11 (In ent)
12 Grade of
13 Violation I II HI IV V VI
14 Grade C 3-9 V 4-10 5-11 6-12 7-13 8-14
_ 15 Grade B 4-10 6-12 8-14 12-18 18-24 21-27
( 16 Grade A (1) Except as provided in subdivision (2) below: I
17 12-18 15-21 18-24 24-30 30-37 33-41
18 (2) Where a defendant was on probation or supervised release as a
result of a Class A felony:
19 24-30 27-33 30-37 37-46 46-57 51-63
20 b) Penalties applicable for defendant’s original offense:
21 1) Criminal History - g
22 2) euiasiiae Range - 15-21 mss.
23 3) Statutory Maximum incarceration — 10 years
24 4) Maximum Supervised Release - 3 years
25
26
2 .
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2 c) For probation violations, the defendant, upon revocation of probation, may
be re-sentenced to any term of imprisonment not to exceed statutory
3 maximum of the original offense of conviction. (18 U.S.C. § 3565 (a)(2))
4 d) For supervised release violations, the maximum imprisonment upon
revocatron of supervised release (pursuant to 18 U.S.C. § 3583 (e)(3)) 1s:
5 ( ) Class A felony — 5 years
6 ( ) Class B felony - 3 years
7 (X) Class C or D felony — 2 years
8 ( ) Any other case - l year
9 The maximum supervised release following any term of imprisonment upon
10 revocation of supervised release shall not exceed the maximum supervised
release for the underlymg offense, less an term of imprisonment that was
11 imposed upon revocation. (18 U.S.C. § 3§83(h))
12 7. Waiver of Appeal & Collateial Attacks — The defendant waives any and all motions,
. 13 defenses, probable cause determinations, and objections which the defendant could assert l
14 to the information or indictment, or petition to revoke, or to the Court’s entry of judgment
15 and imposition of sentence upon the defendant, providing the sentence is consistent with
16 this agreement. The defendant further waives: (1) any right to appeal the C0urt's entry of
17 judgment against defendant; (2) any right to appeal the imposition of sentence upon
18 defendant; and (3) any right to collaterally attack defendant’s conviction and sentence in
19 a habeas petition under 28 U.S.C. § 2255 or motion under any other statute or rule. If the
20 defendant files a notice of appeal or any habeas petition, notwithstanding this agreement,
21 the defendant agrees that, upon motion of the government, this case shall be remanded to
22 the district court to determine whether defendant is in breach of this agreement and, if so,
23 to permit the United States to withdraw from this disposition agreement. I
24 _
25
26 _
3
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1 8. The defendant tmderstands the gove1nment’s obligation to provide all information
2 in its file regarding the defendant to the United States Probation Office. The defendant
3 fully understands and agrees to cooperate fully with the United States Probation Office in I
4 providing all information requested by the probation officer.
5 9. I understand all of the provisions of this agreement. This written disposition
6 agreement contains all the terms and conditions of my agreement, and any promises made
7 by anyone (including my attorney) that are not contained within this written agreement are
8 without effect and are void.
9 ° L] . (PQ'. /—\\t_;"%;`_,Qr0~ Ccthb
Date Alrijan 0 Cano-Sanchez
10 De endant
ll 10. I have discussed this case and the written agreement with my client in detail, and
12 have translated it for him if he does not speak English. No assurances, promises, or
13 representations have been given to me or my client by the government or by any of its
It representatives which are not contained in this written agreement. I concur in the entry of
15 the agreement as indicated above and agree that the terms and conditions set forth in this
26 agreement are in the best interests of my cli I
17 T ;, _, Q S)
18 Dat · les Weninger
Attorney for Defendan
19
20 1 1 . I have reviewed this matter and the agreement. I agree on behalf of the United States _
21 that the terms and conditions set forth are appropriate and are in the best interests of justice.
22 DANIEL G. rovauss
23 United States_Attorney
· District of Arizona
24 { I
25 7(IZIUY I · ;|f..Z1.r,...=`r*¢ WU-I
Date Angela * . Wo 3
26 ASS1St3Ht U.S. ~'• » ey
4
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