Free Response to Motion - District Court of Arizona - Arizona

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DIANE J. HUMETEW A United States Attorney District of Arizona RACHEL C. HERNANDEZ Arizona State Bar No. 016543 GARY M. RESTAINO Arizona State Bar No. 017450 Assistant U.S. Attorneys Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected] [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Richard Nail, Defendant. UNITED STATES' RESPONSE TO DEFENDANT'S REQUEST FOR EARLY TERMINATION OF SUPERVISED RELEASE CR04-0820-PHX-FJM

The United States, through counsel undersigned, hereby responds in opposition to Mr. 17 Nail's request for early termination of supervised release. 18 On January 3, 2006, defendant was sentenced by this court to six months in the custody of 19 the Bureau of Prisons, followed by three years of supervised release. He was also ordered to 20 complete 150 hours of community service. 21 approximately July 1, 2007. 22 Defendant has completed his community service requirements and appears to have 23 remained law-abiding. However, no new facts or new information that has come to light since 24 defendant's sentencing that would justify reducing his sentence by nearly two-thirds. 25 Fortunately, it appears defendant's health is more stable now than at the time of sentencing. The 26 only reasoning supplied by defendant for early termination is that he would like to reapply for 27 his insurance license. However, his letter states that he is not eligible to re-apply until March, 28 Defendant's term of supervision began on

Case 2:04-cr-00820-FJM

Document 331

Filed 09/02/2008

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2009.

Accordingly, there does not appear to be an immediate need, nor any change in

circumstances, to justify early termination at this point. Defendant's probation officer in Florida, Tom Sanders, was contacted and stated that defendant has done well on release, that he does not oppose early termination, but noted that this request was made earlier that Mr. Sanders has typically seen.

Respectfully submitted this 2 nd day of September, 2008.

DIANE J. HUMETEWA United States Attorney District of Arizona s/Rachel C. Hernandez RACHEL C. HERNANDEZ GARY M. RESTAINO Assistant U.S. Attorney

CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically transmitted the attached document 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: Bruce Blumberg, Jeanette Alvarado, Ivan Mathew, Tom Hoidal, Greg Parzych and Michael Bresnehan.

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Case 2:04-cr-00820-FJM

Document 331

Filed 09/02/2008

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