Free Objection to Presentence Investigation Report - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona DARCY A. CEROW Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 E-mail: [email protected] Arizona State Bar No. 011822 Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-00890-1-JAT Plaintiff, v. Glen A. Beck, Defendant. The United States of America, by and through counsel undersigned, hereby submits its GOVERNMENT'S OBJECTIONS TO DISPOSITION REPORT

15 objections to the disposition report dated December 17, 2007. These objections are contained 16 in the attached Memorandum of Points and Authorities. 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted this 28th day of December, 2007 DIANE J. HUMETEWA United States Attorney District of Arizona S/ Darcy A. Cerow _______________________ DARCY A. CEROW Assistant U.S. Attorney

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MEMORANDUM OF POINTS AND AUTHORITIES

On December 10, 2007, an evidentiary hearing was held regarding defendant's probation

4 revocation petition. At that hearing, the United States advised the Court that the defendant 5 would be admitting allegation E and the United States would move to dismiss the remaining 6 allegations in the petition. In support of its motion to dismiss the remaining allegations, the 7 United States stated the reasons the Court should grant the motion. The Court granted the motion 8 to dismiss allegations A, B and C. However, due to time constraints, the hearing was continued 9 to January 7, 2008 at which time the defendant will enter his admission to allegation E and the 10 United States will move to dismiss Allegation D. 11 At the conclusion of the December 10, 2007 hearing, this Court ordered that a disposition

12 report be prepared by defendant's probation officer. This report was prepared on December 17, 13 2007. Undersigned counsel has reviewed the report and has the following objections to the 14 justification section of the sentencing recommendation portion of the report. 15 1. Paragraph 1 16 The probation officer states that defendant "thwarted every effort . . . to assess the

17 defendant's finances and his ability to pay restitution." The officer further states that the 18 defendant "has not supplied requested financial documentation as directed" and "has not been 19 truthful regarding personal and business expenses." 20 As undersigned counsel advised the Court at the December 10, 2007 hearing, the probation

21 officer requested that the defendant provide financial records (for January 2006 to July 2006) 22 which defendant claims he dropped off in an envelope at the probation office. The probation 23 officer reports that while the envelope was received in the probation office, it has been misplaced 24 or lost. Therefore, the defendant did comply with this particular directive. 25 Since the filing of the petition, defendant's counsel has provided defendant's credit card

26 statements for the period January 2007 to September 2007 and profit and loss statements for 27 defendant's businesses. Based on the submission of this current financial information and the 28
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1 fact that some documents submitted by the defendant to the probation office have been 2 misplaced or lost, the United States will move to dismiss allegation D in the petition at the 3 January 7, 2008 hearing.1 4 2. Paragraph 2 5 The probation officer states that the defendant's "claim that he slept on a cot in his office

6 was untruthful." Defendant's Arizona probation officer advised that a California probation 7 officer has twice attempted to contact defendant at his California apartment (office) in order to 8 verify defendant's claim but the defendant was not at that location. Therefore, the United States 9 has no evidence to present to the Court that would confirm or contradict defendant's claim. 10 3. Recommendation (Page 3) 11 On page 3 of the sentencing recommendation, the probation officer recommends that

12 defendant be sentenced to a three-month term of incarceration. The United States hereby advises 13 the Court that it will make no recommendation at disposition. Instead, the United States will 14 defer to this Court's judgment regarding the appropriate disposition in this matter. 15 16 17 18 19 20 21 22 23 24 Allegation D also alleges the defendant failed to provide the lease agreements for office 25 space in all districts. Prior to filing the petition, the probation officer received information from defendant's counsel regarding the physical address of defendant's apartment in California. A 26 copy of defendant's lease for the apartment was supposed to be attached to the letter but was not. Upon learning that the probation officer did not receive a copy of the lease, the lease was 27 provided. Therefore, this allegation will also be dismissed. 28
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Respectfully submitted this 28th day of December, 2007. DIANE J. HUMETEWA United States Attorney District of Arizona S/ Darcy A. Cerow _________________________ DARCY A. CEROW Assistant U.S. Attorney

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I hereby certify that on December 28, 2007, I electronically transmitted the foregoing 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: Larry A. Hammond Attorney for Defendant Rhonda Spencer U.S. Probation s/Joyce Stern

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