Free Sentencing Memorandum - District Court of Arizona - Arizona

1 2 3 4 5 6

JON M. SANDS Federal Public Defender SAUL M. HUERTA, JR. Assistant Federal Public Defender Arizona State Bar No. 018410 407 West Congress Street, Suite 501 Tucson, Arizona 85701-1355 Telephone: (520) 879-7500 Attorney for Defendant SMH/asp 11/21/05 IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA 8 United States of America, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) Antioco Ayala-Sandoval, ) ) Defendant. ) ____________________________________) NO: CR-05-1060-TUC-DCB CR-04-0731-PHX-DCB SENTENCING MEMORANDUM

Defendant, Antioco Ayala-Sandoval, through counsel, files the following sentencing Memorandum for the Court's consideration at time of sentencing. SENTENCING MEMORANDUM Mr. Ayala-Sandoval first came to the United States at about the age of fifteen in 1999. At this young age, Mr. Ayala-Sandoval entered the United States to look for work to provide for his parents. His father had worked at a factory. He had an accident at the factory in 1999 and as a result suffered brain damage. Mr. Ayala-Sandoval was thus left to care for his father who was in a coma and his mother. He also helps his sister, Elvia, who has two small children (three and four years of age) and is a widow. He also has three children in the United States and when working in the United States, he would send money to his children when he could. Mr. Ayala-Sandoval desired to return to continue to provide for his family back in Mexico. He also wanted to be with his girlfriend, Cynthia Ballesteros, and their child, Carlos. Mr. Ayala-Sandoval has not had contact with Ms. Ballesteros and does not expect that their relationship will continue. Mr. Ayala-Sandoval, however, would still like to have contact with
Case 2:04-cr-00731-DCB Document 28 Filed 11/21/2005 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

his children. He understands that such contact can only happen in the United States if he obtains permission to enter the United States legally. Based on the preceding, Mr. Ayala-Sandoval requests a lenient sentence on the abovecaptioned matters. DATED this 21st day of November 2005. JON M. SANDS Federal Public Defender /s/ SAUL M. HUERTA, JR. _____________________________ SAUL M. HUERTA, JR. Assistant Federal Public Defender Copies of the foregoing Sentencing Memorandum provided this 21st day of November, 2005 to: THE HONORABLE DAVID C. BURY United States District Court By Hard Copy DON B. OVERALL, Assistant United States Attorney's Office By Electronic Case Filing DANIELLE D. PETERSON United States Probation Office By Hard Copy

Case 2:04-cr-00731-DCB

Document 28

2 Filed 11/21/2005

Page 2 of 2