Free Motion for Departure - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona RICHARD I. MESH Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 002716 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0373-04-PHX-JAT Plaintiff, v. Yaughn Marcellus Robinson, Defendant. The United States of America, through its undersigned attorneys, hereby moves this court pursuant to U.S.S.G. § 5K1.1 to award a two level downward departure in the defendant's sentencing level based upon the substantial assistance to the government provided by the defendant as reflected in his plea agreement. The government also recommends that the court adopt the recommendations in the presentence report as modified by a two level reduction as indicated below. 1. Government's recommendation pursuant to U.S.S.G. 5K1.1. GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO U.S.S.G 5K1.1 AND SENTENCING RECOMMENDATION

Specifically, even prior to the defendant's guilty plea, he entered into a written cooperation agreement with the government whereby he obligated herself to truthfully testify against his coconspirators in the Kenneth Smith conspiracy. That agreement was incorporated into paragraphs 2 and 3 of the defendant's plea agreement. In return for that cooperation the government agreed to recommend a reduction in the sentencing level calculation upon the defendant's faithful performance under the agreement. In a debriefing interview with personnel from the United States Attorney's Office, the defendant provided information about the method of operation and participants of the Kenneth

Case 2:04-cr-00373-JAT

Document 192

Filed 11/07/2005

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Smith conspiracy, and other investigative targets, some of which was previously unknown to the government. Upon information and belief, the defendant was forthcoming and truthful as to his statements. The information provided by the defendant was useful in the prosecution of coconspirator Kenneth Smith and of other unindicted coconspirators still under investigation. The fact of the defendant's willingness to testify was a contributing factor in the guilty plea entered by Kenneth Smith, the target defendant in this prosecution. 2. The Government's Sentencing Recommendation

The government respectfully recommends that the court adopt the findings and recommendations as published in the presentence report as modified by a further two (2) level downward departure pursuant to U.S.S.G. § 5K1.1. The defendant's criminal history is

consistent with the terms of the plea agreement. This recommendation takes into account the seriousness of the offense as determined by the Sentencing Guidelines, the relative position of the defendant in this conspiracy, and his extra efforts expressed by his substantial cooperation on behalf of the government. Respectfully submitted this 7 th day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Richard I. Mesh RICHARD I. MESH Assistant U.S. Attorney

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S/Richard I. Mesh CERTIFICATE OF SERVICE I hereby certify that on the 7 th day of November, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM /ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jane L McClellan Federal Public Defender's Office 850 W Adams St., Ste 201 Phoenix, AZ 85007 Attorney for Defendant Robinson

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I hereby certify that on the 7 th day of November, 2005, I served the attached document by fax on the following, who are not registered participants of the CM/ECF system: Guillermo A. Pena Senior U.S. Probation Officer 401 W . W ashington, Ste 160, Phoenix, AZ 85003

S/Richard I. Mesh

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