United States Attorney
2 District of Arizona (
Don Overall
3, Assistant U.S. Attorney
405 West Congress Street, Suite 4800 ‘
4 Tucson, Arizona 85701-5040
Telephone: (520) 620-7300 —
5 Attorneys for Plaintiff
6 UNITED STATES DISTRICT COURT
- 7 L DISTRICT OF ARIZONA l
. . |
8 United States of America, 0 Li C {Z Ogg 7 3 [ ii
9 _ Plaintiff, ` CR p gg [ pk; Qéé ""
v. _ n lr . REVOCATION DISPOSITION
1** _ AGREEMENT A D (-9
11`70lyAL»A"5-P'U0UVA`L1/€lU+/uq .
12 Defendant. )
·13 The United States of America and the defendant agree to the following disposition
14 of this matter: _ g
15 TERMS OF THE AGREEMENT
16 l. - This is a revocation of: -
- 17 (16/nsupervised release .
. 18 ( ) probation h i if l ,
19 2. The defendant will admit to allegation (s) rr in the Petition to Revoke.
20 This is a Grade Q_ violation. As a result, the defendant’s supervised release lprobation
21 will be revoked. The government agrees to dismiss at disposition any remainingallegations
22 in the petition, if the defendant is sentenced in accordance with this agreement.
` 23 3. The parties agree that the defendant will be sentenced to: L
24 _ ( ) months incarceration; OR n
25 (lfa period of incarceration not to exceed the middle of the ap)plicablei`
26 G ., K guideline range under U.S.S.G. § 7Bl.4(a) (Revocation Ta e), and
( not below the minimum of that range; OR I
( ) other (specify): J_ ` in
Case 2:04-cr-00731 —DCB Document 32 Filed 11/17/2005 Page 1 of 4 ‘
1 4. . This sentence will be followed by: I
. 2 ( ) an additional term of _______ months of supervisedI release
3 ( ) an additional term of supervised release to be determined by the court
I 4 (\)/ NO additional term of supervised release
5 lf the defendant is sentenced to a term of probation or supervised release, the I
6 defendant agrees to comply with the previously imposed conditions and any others
7 the probation department or court deems appropriate. I
. 8 ( ) In addition, the following additional condition(s) shall be imposed:
9 — l
10
11
1 2 _5. Consecutive/Concurrent sentences:
13 (1,)/ There is no agreement regarding consecutive or concurrent sentences
. (or the issue is not applicable in this case);
14 I( ) The government agrees that it will not take a position whether this
15 sentence should be concurrent or consecutive to another sentence. -·
16 6. Statutory and Guideline Provisions: ‘
17 a) 1 U.S.S.G. § 7B 1 .4, the Terms of imprisonment (Policy Statement) provides:
. 18 - (In mII
19 Grade of ‘
20 Violation I H Hi"`-. IV V VI
21 GradeC 3-9 4-10 2 · 6-12 7-13 8-14
6--22 Grade B 4-10 6-12 8-14 12-18 18-24 21-27
_ - 23 Grade A (1) Except as provided in subdivision (2)be1ow: I
I 24 I 12-18 15-21 18-24 24-30 30-37 33-41 _
25 · - (2) Where a defendant was on probation or supervised release as a _ _____ ___ ._:
· result of a Class A felony: _
26 24-30 . 27-33 30-37 I 37-46 46-57 51-63
_ Case 2:04-cr-00731 —DCB Documerii 32 Filed 11/17/2005 Page 2 of 4 -
1 b) Penalties applicable for defendant’s original offense:
2 1) Criminal History - L
3 2) Guideline Range - /0 " / G M0 · I
4 3) Statutory Maximum incarceration - /(-3 fg; F
5 4) Maximum Supervised Release - J ,g 0'I `
6 c) For probation violations, th defendant, upon revocation of probation, may
be re-sentenced to any term of imprisonment not to exceed statutory
.7 maximum of the original offense of conviction. (18 U.S.C. § 3565 (a)(2)) s
. 3 d) For supervised release violations, the maximum imprisonment upon
revocation of supervised release (pursuant to 18 U.S.C. § 3583 (e)(3)) is:
9 - _.(r.) Class A felony - 5 years
10 ( ) Class B felony - 3 years
11 ( 0/ Class C or D felony - 2 years
12 ( ) Any other case - 1 year
13 The maximum supervised release following any term of imprisonment upon `
14 revocation of supervised release shall not exceed the maximum supervised
release for the underlying offense, less any term of imprisonment that was
- 15 imposed upon revocation. (18 U.S.C. § 3883(h))`
16 7. Waiver of Appeal & Collateral Attacks - The defendant waives any and all motions,
17 defenses, probable cause determinations, and objections which the defendant could assert
18 to the informationor indictment, or petition to revoke, or to the Cou1t’s entry of judgment
19 and imposition of sentence upon the defendant, providing the sentence is consistent with
20 this agreement. The defendant further waives: (1) any right to appeal the Court's entry of
21 judgment against defendant; (2) any right to appeal the imposition of sentence upon
22 defendant; and (3) any right to collaterally attack defendant’s conviction and sentence in a
_ 23 habeas petition under 28 U.S.C. § 2255 or motion under any other statute or rule. If the
. 24 defendant files a notice of appeal or any habeas petition, notwithstanding this agreement,
25 the defendant agrees that, upon motion of the government, this case shall be remanded to
26 the district court to determine whether defendant is in breach of this agreement and, if so, n
i to permit the United States to withdraw from this disposition agreement. i .
A Case 2:04-cr-OO731 —DCB Documeni 32 Filed 11/17/2OQ5 Page 3 of 4 l ·
*~.
I 1 8. The defendant understands the govermnent’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
4 providing all information requested by the probation officer.
5 9. I 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 witho effe tand are void.
9 [ { fr
Dat _ A ..
10 Defendant
11 l0. 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 s eak En lish. No assurances, romises, or
P S P
13 representations have been given to me or my client by the government or by any of its
14 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
16 agreem t a in the best interestsof my client.
`
17 r/ /7 Of .
18 Dat _ L, -- - ‘
Attorney for Defendant .
19
20 l 1. Ihave reviewed this matter and the agreement. I agree on behalf ofthe United States
21 that the terms and conditions set forth are appropriate and are in the best interests of justice. .
22 r PAUL K. cHAaLroN ’ I
Q 23 United tes Attorney .
` Distri · `zona
24 . l r
Date Don Overall .
26 Assistant U.S. Attorney
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