Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Ricardo Apodaca-Acosta, ) ) Defendant ) __________________________ ) Case No. CR 04-405-PHX-DGC

8 United States of America, 9 10 11 12 13 14

OBJECTIONS TO PRESENTENCE REPORT AND SENTENCING MEMORANDUM

COMES NOW the Defendant, Ricardo Apodaca-Acosta, by and

15 through undersigned counsel, and informs the Court that he has no 16 substantive objections to the presentence report authored by Mike 17 Acosta, United States Probation Officer.

Obviously, the Defendant

18 believes that the recommended sentence by Mr. Acosta of 108 months 19 (which would be the highest possible sentence for this Court to 20 give via the stipulation) is too harsh. 21

Since Ricardo Apodaca-Acosta has been incarcerated, he

22 has had an opportunity to reassess his life and his surroundings. 23 He has admitted his involvement with Carin Leon-Pacheco, Elisandro 24 Orduno-Munoz and Jose Alejancro Montoya-Rivas and has shamefully 25 admitted to helping seize a female alien from a house in Phoenix. 26

Outside of an illegal entry into the United States, his

27 criminal history is not dotted or scattered with prior criminal 28 arrests or convictions as one would find with many other people

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1 involved in these dangerous schemes. 2

He is sincerely remorseful.

Ricardo knows that he must

3 serve time in prison then be deported to Mexico and make a new 4 life for himself, one of which he can be proud and be an example 5 to his friends and loved ones in Mexico. 6 7 8 9 10 11 12

The Court will note that people have taken the time and are concerned enough to write on behalf of Ricardo Apodaca-Acosta. Attached (both the original Spanish

letters and the concomitant English translations) please find testaments from Rafale Ramos Camacho, Jose Luis Robles-Leyva and Jose Guadalupe Higuera Romero. Thus, it is requested that the Court sentence Ricardo

13 Apodaca-Acosta to a term of imprisonment of between seven and 14 eight years. 15 16 17 18 19 20 21 22 23 24 25 26 27 28

RESPECTFULLY SUBMITTED this 28th day of October, 2005. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

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CERTIFICATE OF SERVICE

X I hereby certify that on October 28, 2005, I electronically transmitted the attached document to the Clerk's Office using the 3 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Joseph Koehler, Esq. 5 ASSISTANT UNITED STATES ATTORNEY X I hereby certify that on October 28, 2005, I served the 7 attached document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 8 Mike Acosta 9 UNITED STATES PROBATION OFFICER Sandra Day O'Connor U.S. Courthouse - SPC 7 10 401 West Washington - Suite 160 Phoenix, AZ 85003 11 S/ Philip A. Seplow 12
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