Free Sentencing Memorandum - District Court of Arizona - Arizona

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Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-7003; fax 7008 Attorney for Defendant AZ Bar #005627 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOHN DELO NICHOLS, ) ) Defendant. ) ______________________________) No. CR 04-350-001-PHX-PGR DEFENDANT'S PRESENTENCE STATEMENT

COMES NOW Defendant, John Nichols (Defendant), by counsel 14 undersigned, and provides the following Presentence Statement: 15 1. 16 Probation Officer's recommendation of five months imprisonment 17 and five months home detention, which agreement should now 18 moot the recent Government and Defendant filings (of last 19 Thursday and Friday). Defendant also understands that the 20 Government will file with the court something today to clarify 21 its position. 22 2. 23 Officer recommended five months home detention with no prison 24 time. This is because the PSR reads as follows: "Guideline 25 Provisions - 10 to 12 months" "Recommended Sentence - 5 26 months*" "*Pursuant to Section 5C1.1(d), it is recommended 27 that Defendant serve five months home detention in lieu of 28 Before today, Defendant was of the belief that the Probation Defendant understands that the Government now agrees to the

Case 2:04-cr-00350-PGR

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one-half of the minimum prison sentence." When Defendant made inquiry today, the Probation Officer indicated that her recommendation is for five months

imprisonment plus five months home detention. Therefore, Defendant requests in the objects a to the of five recommendation five months and home

respectfully detention, or

sentence

alternative,

months

community

confinement with work release to be followed by five months home detention; i.e., no prison time in any event. Moreover, Defendant requests that in the event the court orders any period of prison time, that the court recommend to the Bureau of Prisons that (a) Defendant be incarcerated in a minimum security facility (camp) as close as possible to his home and family in Phoenix, and (b) Defendant be afforded, to the maximum benefit to Defendant possible, the BOP programs; e.g., community confinement rather than imprisonment, if possible; release from prison to a halfway house with work release at the earliest possible time. RESPECTFULLY SUBMITTED this 18th day of September, 2006. /s/ Donald W. MacPherson The MacPherson Group 7508 N. 59th Avenue Glendale, AZ 85301 623-209-2003; fax 2008 Attorney for Defendant Copy of the foregoing emailed this date, September 18, 2006, to:

25 26 27 28 The Honorable Paul G. Rosenblatt United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 523 401 W. Washington Street, SPC 51 Phoenix, Arizona 85003-2154 [email protected]

Case 2:04-cr-00350-PGR

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Daniel Drake Asst. U.S. Attorney 40 N. Central Phoenix, AZ 85004 602-514-7623 [email protected] /s/
deb\Nichols\Def Presentence Stmt

Case 2:04-cr-00350-PGR

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Filed 09/18/2006

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