Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona THOMAS C. SIMON Assistant U.S. Attorney Arizona State Bar No. 3857 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0053-PHX-JAT Plaintiff, v. Christopher Shannon Johnson, Defendant. The United States, through counsel undersigned, responds to the Defendant's Objections RESPONSE TO DEFENDANT'S OBJECTIONS TO THE PROPOSED RESTITUTION AMOUNT

15 to the Proposed Restitution Amount. Issues of restitution are controlled by 18 U.S.C. § 3663 16 through § 3664. The government has the burden of proof, by a preponderance of the evidence, 17 in demonstrating the amount of loss sustained by a victim as a result of the offense. 18 U.S.C. 18 § 3664(e). 19 Here, the Presentence Report (PSR), at page 3, paragraph 4, identifies the $630 loss 20 sustained by the victim, Wells Fargo Bank: 21 22 23 24 On August 28, 2003, the defendant entered Wells Fargo Bank, 744 West Camelback and approached a teller. Johnson gave the teller a bag along with a note which read, "This is a robbery, don't sound the alarm or I will kill you." The teller gave Johnson $1,532 in federally insured funds along with a tracking device ... Officers recovered $902 which was returned to the Wells Fargo Bank .... The PSR, at page 4, paragraph 5, noted that the presentence officer confirmed the $630

25 loss through a representative from Wells Fargo Bank. According to Well Fargo Bank 26 representatives, the loss amount was determined through a cash inventory conducted by bank 27 personnel immediately after the robbery. However, the bank representatives have recently 28 confirmed that records/documentation of the cash inventory are presently unavailable.

Case 2:04-cr-00053-JAT

Document 51

Filed 10/12/2005

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The government nonetheless submits that the contemporaneous representations made by

2 Wells Fargo Bank regarding the loss amount of $630 provide a sufficient basis, by a 3 preponderance of the evidence, for the court to order the requested restitution. 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
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I hereby certify that on October 12, 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: Gregory A. Bartolomei

Respectfully submitted this 12th day of October, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Thomas C. Simon THOMAS C. SIMON Assistant U.S. Attorney

Case 2:04-cr-00053-JAT

Document 51

Filed 10/12/2005

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