Free Admissions of Allegation - District Court of Arizona - Arizona


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Date: February 2, 2007
File Format: PDF
State: Arizona
Category: District Court of Arizona
Author: unknown
Word Count: 1,162 Words, 7,131 Characters
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PAUL K. CHARLTON
United States Attorney
District of Arizona
2 Jon B. Granoff
Assistant U.S. Attomey g
3 Florida Bar # 0159425
405 West Congress Street, Suite 4800
4 Tucson, Arizona 85701-5040
Telephone: (520) 620-7300
5 Attorneys for Plaintiff ‘_
Jonatha11.Granoff@usdo].gov
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 United States of America, )
9 Plaintiff, i CR 04-00386-1-PHX-JAT
I0 ,5 V. ) nsvocprrion oisrosmow
H AGREEMENT
)
12 Jorge Ramirez-Escobar i
13 Defendant
14
15 The United States of America and the defendant agree to the following disposition
16 of this matter:
1,7 TERMS OF THE AGREEMENT
18 l. This is a revocation ot?
19 ( X) supervised release
( ) robation if B (3,
20 P yl-g (nhl!)
21 2. The defendant will adm-it to allegation (s) § in the Petition to Revoke.
22 This is a Grade B violation. As a result, the defendant’s supervised release / probation
23 will be revoked. The government agrees to dismiss at disposition any remaining allegations
24 in the petition, if the defendant is sentenced in accordance with this agreement.
25 3. The parties agree that the defgwnt be senteinczd to: I F
26 (X) `§‘ —g`i> lémonths incgcerationg OR
( ) a period of incarceration not to exceed the middle of the applicable
guideline range under U.S.S.G. § 7Bl.4(a) (Revocation Ta e), and
not below the minimum of that range; OR
Case 2:04-cr—OO386—FRZ-JCG Document 37 Filed O2/O5/2007 Page 1 of 4

( ) other (specify);
4. This sentence will be followed by: s
2 ( ) an additional term of______ months of supervised release
3 ( ) an additional term of supervised release to be determined by the court
I 4 ( X ) NO additional term of supervised release I
5 If the defendant is sentenced to a term of probation or supervised release, the
6 defendant agrees to comply with the previously imposed conditions and any others
7 the probation department or court deems appropriate.
8 ( ) In addition, the following additional condition(s) shall be imposed:
9
10
11
12 5. Consecutive/Concturent sentences:
13 ( X) There is no agreement regarding consecutive or concurrent sentences
14 (or the issue is not applicable in this case);
15 ( ) The government agrees that it will not talge a position whether this
sentence should be concurrent or consecutive to another sentence.
I6 6. Statutory and Guideline Provisions:
17 a) U.S.S.G. § 7B1.4, the Terms of Imprisonment (Policy Statement) provides:
18 Revocation Table
19 (In months of imprisonment)
20 sl 4_ II _ III IV V VI
21 Grade C 3-9 4-10 5-11 6-12 7-13 8-14
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) below:
24 · 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
26 result of a Class A felony:
24-30 27-33 30-37 37-46 46-57 51-63
2
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b) Penalties applicable for defendant’s original offense:
1) Criminal History - CAT I
2 2) Guideline Range - 18 to 24 months
3 3) Statutory Maximum incarceration - 10 years
4 I 4) Maximum Supervised Release - 3 years
5 c) For probation violations, the defendant, upon revocation of probation, may
6 Hfaifasfiitiiiii Jaiii §i—%S2f0iT§iT€£‘t‘S§8trf§°if§’.é"§%%d65SiZ‘}2E%‘£’
7 d) For supervised release violations, the maximum imprisonment upon
8 revocation of supervised release (pursuant to 18 U.S.C. § 3583 (e)(3)) is:
9 ( ) Class A felony — 5 years ·
10 ( ) Class B felony - 3 years
11 I (X ) Class C or D felony — 2 years
12 ( ) Any other case - 1 year `
13 The maximum supervised release following any term of imprisonment upon
revocation of supervised release shall not exceed the maximum supervised
*4 i§l§Ziii¥pEi‘§ féiliiillff ‘i*lE‘ii?s.8?S§“§‘8y8§`l‘il“i°f imp“S°‘““€“* that was
15 7. Waiver of Appeal & Collateral Attacks — The defendant waives any and all motions,
16 defenses, probable cause determinations, and objections which the defendant could assert ·
17 to the information or indictment, or petition to revoke, or to the Cotu"t’s entry of judgment
18 and imposition of sentence upon the defendant, providing the sentence is consistent with
lg this agreement. The defendant further waives: (l) any right to appeal the Court's entry of
20 judgment against defendant; (2) any right to appeal the imposition of sentence upon
21 · defendant; and (3) any right to collaterally attack defendant’s conviction and sentence in
22 a habeas petition under 28 U.S.C. § 2255 or motion under any other statute or rule. If the
23 defendant files a notice of appeal or any habeas petition, notwithstanding this agreement,
24 the defendant agrees that, upon motion of the government, this case shall be remanded to
25 the district court to determine whether defendant is in breach of this agreement and, if so,
26 to permit the United States to withdraw from this disposition agreement.
3
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8. The defendant understands the government’s obligation to provide all information
_ in its file regarding the defendant to the United States Probation Office. The defendant
2 fully understands and agrees to cooperate fully with the United States Probation Office in
3 providing all information requested by the probation ofticer.
4 9. I understand all of the provisions of this agreement. This written disposition
5 agreement contains all the terms and conditions of my agreement, and any promises made
6 by anyone (including my attorney) that are not T ' ed within this written agreement are
7 without effect and are void. i I P
8 Q-gg; Q
9 Date wr
Defendant
10
11 lt). 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 speak English. No assurances, promises, or
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 agreement are in the best interests of my client.
17 zh gg *7 .
Date
18 Attomey for Defendant I
19 1 1. I have reviewed this matter and the agreement. I agree on behalf of the United States
20 that the terms and conditions set forth are appropriate and are in the best interests of justice.
21
22 PAUL K. CHARLTON
United States_Attorney
` 23 District of Arizona
/ 4
24 i 5 QA ·.
25 D te -i' . r off I
` _ . _ Assistant I .S. Atto y
26 · ~
4
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