Free Sentencing Memorandum - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAW OFFICES OF

273 South Scott Avenue Tucson, Arizona 85701 Telephone: (520) 884-1234 Facsimile: (520) 884-9687 Attorneys for Defendant Angel Montijo By: Stephen G. Ralls, Arizona Bar #007772 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. ANGEL MONTIJO, Defendant. ) ) ) ) ) ) ) ) ) ) ) CR-04-0122-003-PHX-BGR SENTENCING MEMORANDUM

Stephen G. Ralls, P.C.

Defendant Angel Montijo, through undersigned counsel, requests that this Court consider the following information in determining an appropriate sentence. Mr. Montijo is scheduled to be sentenced on December 5, 2005 at 9:30 a.m. He respectfully requests this Honorable Court accept the plea agreement and sentence him to a minimal term of imprisonment. SENTENCING MEMORANDUM Angel Montijo stands before this Court for sentencing realizing that he has made a life altering mistake that he will always regret. Although he has subjected his family to significant hardships, Angel has been given tremendous opportunities to succeed in life, as demonstrated by his educational and vocational achievements. Although he faced certain hardships during his upbringing, Angel's grandparents provided structure, discipline and a loving environment. Angel's father has been absent since his birth. When Angel was just a baby his mother felt she was unable to adequately care for him, therefore, Angel was placed in the custody of his maternal grandparents. Angel's grandparents where strict disciplinarians who instilled a strong work ethic and
Case 2:04-cr-00122-PGR Document 164 Filed 11/03/2005 Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

commitment to family in him. Despite his recent shortcomings, Angel has been blessed with a loving and caring family who, although they are disappointed in his actions, are willing to support him during what have proven to be very challenging times. The impact of Angel's arrest has been far-reaching. Angel and his wife separated as a result of his arrest in January 2004 and plan on initiating divorce proceedings in the near future. Angel has three young children and is expecting the birth of his fourth child during the first week of November 2005 with his new girlfriend, Georgina Castro. Although his current relationship with Ms. Castro has been strained as a result of the legal proceedings and impending incarceration, Angel is hopeful he and Ms. Castro can work through the inevitable problems associated therewith. Ms. Castro has expressed her desire to maintain a relationship with Angel while he is in custody and looks forward to the day when they will be able to reside together as a family unit. To his credit, before his involvement in this offense, Angel has been a responsible individual who has always made the most of his opportunities. The fact that he has failed to live up to the values that his grandparents instilled in him has created a circumstance of immeasurable grief, remorse and embarrassment for Angel. Angel has been raised to be an honest, hardworking and respectable individual who has always strived to succeed with any endeavor presented. As the court will note from the Pre-Sentence Report, Angel successfully completed secondary education and immediately thereafter took advantage of any employment opportunities presented. Angel has maintained a spotless employment record until his arrest in January, 2004. Since that time, Angel has been employed at Sam Levitz warehouse and most recently, at WestMed in Tucson, Arizona. While employed at WestMed, Angel has been able to steadily progress in his responsibilities to a point where he is earning a commendable salary. Angel's dedication to his education and employment has earned him promotions as well as respect and accolades from both his employers and family members alike. Not withstanding his involvement in the offense, Angel is looked upon as an inspiration to other young men in his family as a model of what can be
2

Case 2:04-cr-00122-PGR

Document 164

Filed 11/03/2005

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

attained through hard work and commitment to success. In an effort to continue his devotion to being a productive member of whatever society he is in, Angel anticipates seeking any available employment offered while in custody. Throughout his life, Angel's grandparents instilled a sense of self-worth and motivation which inspired his lifelong dream of starting a family and providing adequately for them. Although Angel's prior relationships have not ultimately been successful, his commitment to his children has remained steadfast. Angel's sincere remorse for his involvement in the offense is exacerbated by the fact that he is expecting the birth of his fourth child at any time now. The emotional impact of enduring an extended period of time away from his children is immeasurable. Angel's remorse can be neither measured nor described as he laments about the obstacles his incarceration will place on his ability to exercise any meaningful interaction with his children. This fact has left Angel riddled with guilt and has compounded the regret he feels. Angel longs for the opportunity to atone for his actions and has committed himself to be a positive role model for his children. Angel has resigned to the fact that he will be required to continue to look to his family for support in the coming months. In short, Angel's family has been, and will continue to be, disproportionately impacted by any term of imprisonment imposed in this matter. As is noted in the Pre-Sentence Report, Angel's involvement in the offense was completely out of character for him. He has been raised to be a productive and responsible member of society and has lived a life nearly void of any negative law enforcement contacts. Angel's involvement in this matter was a desperate attempt to secure financial resources. Needless to say, Angel realizes he has jeopardized his family's future, betrayed the values instilled by his grandparents, and let himself and his loved ones down by becoming involved in this anomalous activity. After years of working hard for what seemed at times like nominal wages, Angel succumbed to the offer of making two thousand five hundred dollars for a few hours work. It seemed like a lot of money at the time, but now Angel knows that no amount of money justifies breaking the
3

Case 2:04-cr-00122-PGR

Document 164

Filed 11/03/2005

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

law, risking his family's future and betraying the very values he hopes to instill in his own children one day. Counsel asks that the Court, in considering an appropriate sentence, take note that Angel has fully accepted responsibility for his actions and has expressed sincere remorse for the decisions he has made. During the presentence interview, Angel was entirely forthright with respect to his culpability and has not sought to disguise his knowledge or participation. Angel's disregard for his family's welfare was uncharacteristic and he can only ask the Court to sentence him to a minimum term and allow him to resume his familial responsibilities as soon as possible. RESPECTFULLY SUBMITTED this 3rd day of November, 2005 S/ Stephen G. Ralls STEPHEN G. RALLS Attorney for Angel Montijo Certificate of Service I hereby certify that on November 3, 2005, I electronically transmitted the attached document to the Clerks' Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: [email protected] The Honorable Paul G. Rosenblatt (paper copy) U.S.P.O. Beth Stewart (paper copy) Client By s/Rose Lopez 3850\se memo

4

Case 2:04-cr-00122-PGR

Document 164

Filed 11/03/2005

Page 4 of 4