Free Order on Motion for Departure - District Court of Arizona - Arizona


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Date: April 24, 2007
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA - Phoenix DATE: 4/23/07 CASE NUMBER:

CRIMINAL SENTENCING MINUTES CR 04-00539-004-PHX-MHM

Hon. MARY H. MURGUIA, United States District Judge #: 7027 USA vs. Allan Guttentag DEFT:

: PRESENT 9 NOT PRESENT : RELEASED
Crt Rptr/ECR: Merilyn Sanchez Interpreter Language

Deputy Clerk Kristen Parris A.U.S. Attorney Howard D. Sukenic Attorney for Defendant Martin Lieberman (Retained)

9 : 9 9 : 9 : : 9 : 9 9 :

Dft not appearing, on mot of US Atty, order bond revoked/forfeited and B/W issued JUDGMENT [SENTENCE]

Defendant is placed on probation for a period of 2 Years on Ct(s) One

: with supervision 9 w/o supervision
on Ct(s) by law on Ct(s) TOTAL FINE $3,000.00

Committed to the custody of the Bureau of Prisons to be imprisoned for a period of Supervised release term of

Fine of $3,000.00 on Ct(s) One Restitution of N/A ordered pursuant to 18 U.S.C. 3596 Special Assessment of $100.00 pursuant to 18 U.S.C. 3013 on Ct(s) One On Motion of U.S. Atty: Ct(s) all remaining counts are dismissed Order bond exonerated Dft advised of right to appeal

9 Bond exonerated upon surrender to USM 9 Appeal bond set at $

Dft to surrender under Voluntary Surrender Program as directed to the designated institution by the U.S. Marshal. The Court adopts the Magistrate Judge's Findings and Recommendations filed in this matter and accepts the defendant's plea of guilty. Other: The Court accepts the plea agreement. The Court DIRECTS the Probation Officer to include paragraphs B and C of the Defendant's objections to the presentence report in the presentence report where the Probation Officer feels it appropriate. The Court overrules the defendant's objection to paragraph 31. The Court DIRECTS the Probation Officer to include a sentence at the end of paragraph 31 to reflect "Mr. Guttentag submits that he was only acting as a bookkeeper and the Government agrees that he was acting as a bookkeeper." The Court will delete reference to the certified public accountant. Defendant's objection to paragraph 4 is overruled. The Court GRANTS the Government's Motion for Downward Departure.
Time in Court: 45 minutes Case 2:04-cr-00539-MHM Document 159 Filed 04/23/2007 Page 1 of 1