Free Motion for Release from Custody - District Court of Arizona - Arizona


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Date: August 13, 2008
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State: Arizona
Category: District Court of Arizona
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( Friday, August Ol, 2008 CLERK U S DISTRICT COURT
. DiSTRiCT OF ARtZONA
VBY DEP
I HQNORABLE FREDERICK J. MARTONE HX
Umted States District Court w 0Li
Sandra Day O’Connor U.S. Courthouse, Suite 526
( 401 West Washington Street, SPC 62
Phoenix, AZ 85003-2158
Dear Honorable Judge Martone,
I am writing you today to request your consideration for early release irom supervised
I release. My name is Richard Nail, I live in Viera, FL with my wife Christy and two of
our three children together Cole and Caitlyn. Reana my oldest daughter lives in
Kentucky and visits on my allotted times with her, l month in the summer and every
other holiday. In October 2006 I was sentenced to six months incarceration followed by
( three years of supervised release and 150 hours of community service for a charge of
( "Aiding & Abetting loan &aud", which arose out of my employment for a telemarketing
i company lrom,2000-2002.
I was designated to Butner, NC FMC Low where they could monitor my condition of
Hodgkins Lymphoma and was scheduled to report on 01/07/2007. After Butner, I
was informed that I could report earlier so that Icould be released 'sooner (which I ‘
preferred as the sentence would have interruptedmy time with myioldest daughter, Reana
wholivesinKY). M ° f " ` ’
I reported on 01/04/2007 and was released in late June 2007. Whileincarcerated I was
told after a PET scan that my Hodgkins Lymphoma was once again active (l0/2006 scans
showed no activity). Ii was also informed that due to my short sentence (6 months), I
would have to wait until release to seek medical treatment. (the recommended treatment
at this point was salvage chemotherapy followed by an autologousstem cell transplant)
Although this didn’t seem moral, and after exhausting every resource I could to try to get
an early release, under house arrest, etc. to seek treatment. I found that all avenues were
closed and everyone was washing their hands and citing this rule or that rule of the Dept.
of Justice, Federal system etc,. It was now time to grin and bear it.
After release new scans connrmed the cancer was active and after new biopsies via
needle into the lung we began the salvage chemo in August, September, and October
2007. `
Now in order to even qualify for the stem cell transplant, my tumor had to respond to the
chemo by shrinking_60% or_ more and my body had to withstand the toxicity of the chemo
(specifically my heart and lungs) as a stem cell transplant in 1ayman’s terms canbe I C
defined as; Harvesting baby whiteblood cells (WBC’s) in a freezer, once they have
enough hozen, you are given a lethal dose of chemo designed tokill all of the·W’BC’s m
your entire body as well as your bone marrow. Once they are destroyed the baby`WBC’s
are reintroducedinto your body and have no memory of ever being mutated into cancer
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cells and your body recovers very slowly as your blood counts build back up (whites,
reds, and platelets). Risk of infection is very high due to your immuno-compromised
state, and the whole process is a 3 week stay in the hospital followed by 3-5 weeks in an
apartment within 15 minutes of the hospital so they can monitor your weakened state.
To make a long story short by God’s blessing I qualified and was checked into Moflitt
Cancer Center in Tampa, FL on 0l /07/2008 to begin the stem cell transplant. I was
released on 02/08/2008 and sent back across the state to recover at home. Since my
release hom Butner I had not worked full time and I had, to file for disability since the
chemo had ravaged my body. In April of 2008 my PET scans were clean, my blood
counts were up and I was cleared to start resuming life as normal. My community
service was completed shortly after this, which I did at the University of Florida Brevard
County Agriculture Extension oiiice, doing office work, helping to organize the annual
golf tournament, and helping the local 4-H agents.
My next step was to seek gainful employment, and my past work experiences in Hnancial
services, banking, and insurance were all closed because of my conviction. The Florida
Dept. of Financial Services revoked my insurance license after my sentencing and say
that I can reapply in March of 2009. I finally found a company willing to give me a
chance and I began working at Mike Erdman Toyota as a sales and leasing consultant in
May of this year. Never in my wildest dreams did I ever think that I would work in car
sales but after my experiences, I have learned that everyday is a blessing when my feet
touch the ground and I am here to live and make the most of every day utilizing the gifts
that I have been blessed with.
If I am released from supervised release early, I plan on having my civil rights restored
which in the state of FL is the right to vote, and hold certain occupational licenses
(insurance), my wife and I have long term plans of potentially opening up an independent
insurance agency. I also will be able to participate in archery tournaments with my son
(step son Cole) who I am in the process of adopting now.
I know that you have looked into a brief window of my life which was from 2000-2002
when I worked for a former friend and teammate of mine and I did not use very wise
judgments in my actions and how I was living my life. These two years are really not a
good indicator of the man that I have become throughout my life. My marriage has
weathered the indictment, sentencing, and cancer, of which I am very proud, because you
are probably well aware of the statistics. I attend church every Sunday and have grown
more spiritually since 2004 than I did over the prior 14 years of my life. I know that my
actions in telemarketing hurt others and for that I am sorry and have been since leaving
Phoenix in 2002, even before I was ever indicted on any charges. I have to live with
those memories.
I hope that you consider my request for early release hom supervision, if you disagree it
is ok too, because I will continue to be thankful for the time that I have here.
Sincerely,
Richard Nail
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