Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 007480 Telephone (602) 514-7500 [email protected]

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United States of America, CR-03-0787-PHX-MHM Plaintiff, v. Otoniel Sanchez-Cortez, aka Pompeyo Sanchez-Cortez, aka Colon Pompeyo Sanchez, Defendant. The United States of America, by and through undersigned counsel, respectfully requests the Court deny the defendant's request for transfer to a federal prison for the reasons stated herein. On August 24, 2004, the defendant was sentenced to twelve years in the Arizona Department of Corrections by the Maricopa County Superior Court. Subsequently, the defendant was transferred to federal custody and was convicted of Conspiracy to Possess with the Intent to Distribute Five Kilograms or More of Cocaine, a Class A Felony. On May 11, 2006, the defendant was sentenced to 264 months and the federal sentence was ordered to run concurrent with the defendant's state sentence. Subsequently, the defendant was transferred back to the Arizona Department of Corrections to finish serving his remaining state sentence. The defendant cites 18 U.S.C. § 4082(b) as authority for this Court to transfer him to federal custody. The defendant's reliance on this statute is misplaced. 18 U.S.C. § 4082(b) provides: GOVERNMENT'S RESPONSE TO DEFENDANT'S REQUEST FOR TRANSFER TO A FEDERAL PRISON

Case 2:03-cr-00787-MHM

Document 122

Filed 12/12/2007

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The Attorney General shall, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such agency, with respect to prisoners who have been convicted of felony offenses against the United States and who are confined at a facility which is a residential community treatment center located in the geographical area in which such agency has jurisdiction, the following information maintained by the Bureau of Prisons (to the extent that the Bureau of Prisons maintains such information)-(A) the names of such prisoners;

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(B) the community treatment center addresses of such prisoners; (C) the dates of birth of such prisoners; (D) the Federal Bureau of Investigation numbers assigned to such prisoners; (E) photographs and fingerprints of such prisoners; and

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(F) the nature of the offenses against the United States of which each such prisoner has been convicted and the factual circumstances relating to such offenses. The statute does not provide any authority to transfer the defendant to federal custody.

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He is serving a lawful state sentence and will be transferred to federal custody only upon the
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completion of his state sentence. Accordingly, the government requests that the defendant's
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motion be denied.
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Respectfully submitted 12th day of December, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona

s/David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

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Copy of the foregoing mailed this 12th day of December, 2007, to:

Pompeyo Sanchez #188680 GW - 206 4 Diamondback Correctional Institution Rt. 2 Box 336 5 Watonga, OK 73772
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s/Joyce Stern
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