Free Memorandum - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona DANIEL R. DRAKE Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 003781 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0350-PHX-PGR Plaintiff, v. John Delo Nichols, Defendant. GOVERNMENT'S SUPPLEMENTAL SENTENCING MEMORANDUM

The United States respectfully submits this supplemental memorandum for the Court's

16 consideration in sentencing defendant John Delo Nichols. This memorandum was prepared 17 following the colloquy in court on September 18, 2006, and discussions with the presentence 18 report writer, the defendant, and defense counsel following the hearing. 19 The United States accepts the presentence report writer's recommended sentence of 5 20 month imprisonment followed by 150 days of home detention, and withdraws its 21 recommendation for a sentence of imprisonment longer than that recommended. With respect 22 to the tax returns submitted by defendant, the accuracy of the returns submitted by defendant will 23 be resolved following sentencing. The government stands by its recommendation that the court 24 order the defendant to file true and accurate tax returns as a condition of supervised release, as 25 outlined in paragraph 3 of the Plea Agreement. 26 /// 27 /// 28

Case 2:04-cr-00350-PGR

Document 44

Filed 09/18/2006

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Case 2:04-cr-00350-PGR Document 44 Filed 09/18/2006 Page 2 of 2
s/Daniel R. Drake Daniel R. Drake I hereby certify that on September 18, 2006, I served the foregoing document by fax on the following person who is not a registered participant of the ECF system: Lisa Miller, United States Probation Officer Donald W. MacPherson Attorney for Defendant s/Daniel R. Drake Daniel R. Drake I hereby certify that on September 18, 2006, I electronically transmitted the foregoing document to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants:

Respectfully submitted this 18th day of September, 2006.

PAUL K. CHARLTON United States Attorney District of Arizona /S Daniel R. Drake DANIEL R. DRAKE Assistant U.S. Attorney