Free Sentencing Memo (Supporting Documents) - District Court of Arizona - Arizona

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CHRISTOPHER B. DUPONT SBN#014158
TRAUTMAN DUPONT, PLC

245 West Roosevelt, Suite A Phoenix, Arizona 85003 Tel: 602.344.0038 Fax: 602.344.0043 [email protected] Attorney for Defendant UNITED STATES OF AMERICA DISTRICT OF ARIZONA ) ) CR03-583-PHX-SRB ) ) ) DISPOSITION MEMORANDUM ) ) Judge Susan Bolton ) ) )

UNITED STATES OF AMERICA, Plaintiff, vs. NORBERTA MAUREEN JOAQUIN, Defendant.

Comes now the defendant, NORBERTA MAUREEN JOAQUIN, by and through undersigned counsel and respectfully requests this Court consider the following Disposition Memorandum in determining appropriate sanctions to impose for an admitted violation of supervised release. This memorandum is based upon Ms. Joaquin's right to a fundamentally fair sentencing process pursuant the Due Process clause of the Fifth Amendment of the United States Constitution, as well as her right to a reasonable sentence pursuant the Sixth Amendment, United States v. Booker, 543 U.S. 220 (2005), and 18 U.S.C. §3553. This memorandum is supplemented by the following documents, which are attached hereto: Addendum Number One to the Pre-sentence Report in Pima County Superior Court CR-

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20030590; Minute Entry regarding disposition in Pima County Superior Court CR-20030590:
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letters from Ann Marie Antone, Gwendolyn Antone, Christie Powell, Alejandro Valenzuela,
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Verna A. Miguel, Annette Joaquin, and Sam Fernando. This memorandum will be supplemented at hearing currently set November 20, 2006 at 2:30 p.m. RESPECTFULLY SUBMITTED this 16th day of November, 2006.

TRAUTMANT DUPONT, PLC
By:______/S/____________________________ Christopher B. Dupont
Attorney for Norberta Joaquin

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MEMORANDUM
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I.
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SENTENCING FACTORS After United States v. Booker, 543 U.S. 220 (2005), the Court must still consider the

United States Sentencing Guidelines (without giving them any preferential treatment), as well as the factors in the federal Sentencing Act such as are found in 18 U.S.C. §§ 3553(a) and 3661. Those factors relevant here include the Sentencing Guidelines (18 U.S.C. 3553(1)(4) and Booker), the history and characteristics of the offender (18 U.S.C. §§ 3553(a)(1) and 3582), the nature and circumstances of the offense (18 U.S.C. §3553(a)(1)), and that "imprisonment is not an appropriate means of promoting correction and rehabilitation" (18 U.S.C. §3582), with no limit on the mitigation evidence about the defendant (18 U.S.C. §3661). II. OFFENDER BACKGROUND Ms. Joaquin is the mother of four children who continues to have a domestic relationship

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with Alexander Valenzuela, the father of her fourth child. Mr. Valenzuela is 43 years old and is
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employed full time at Hyponex as a fork lift operator; he has worked there steadily for the past 18 years plus. A letter from Mr. Valenzuela is attached in Exhibit B. Ms. Joaquin will reside Mr. Valenzuela with him in Casa Grande with their infant son Isaiah. When she is released from detention, Ms. Joaquin should easily resume her employment. Ms. Joaquin has marketable qualifications: she earned her GED and then 23 credits at Central Arizona College with an emphasis on early childhood development. She was employed as a teacher's aid at Sacaton Elementary School for two years from 1999-2000, and she is bilingual in both English and Tohono O'odham. Although there was a brief period of unemployment during her time on warrant status, Ms. Joaquin most recently worked for one and a half years at BIOMAT, a company that processed human blood for plasma. It is important to clarify U.S.

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Probation Officer Darren Graybill's statement that Ms. Joaquin "lost her job."1 Ms. Joaquin `lost
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her job' when BIOMAT went out of business; the company is defunct, so we are unable to provide letters regarding Ms. Joaquin's positive work experience. With Ms. Joaquin moving to Casa Grande, a relatively urban area compared to her residence on the reservation, she should be able to find employment and access other important resources such as parenting classes and rehabilitation services for her past alcohol abuse. III. OFFENSE BACKGROUND Ms. Joaquin began her supervised release from imprisonment on April 27, 2004. She was supervised concurrently by Pinal County Probation as a courtesy to Pima County regarding case #CR20030590. According to Darren Graybill, her supervising officer, Ms. Joaquin lived in

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a remote area and "was not required to report on a monthly basis."
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In November 2005 Ms. Joaquin came to believe she had a warrant out of Pima County ­
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possibly related to her arrest for under Driving the Influence of Alcohol on November 11. She called Darren Graybill and asked him how much time she would receive if she turned herself in to Pima County; he said he would call back. She called again and Mr. Graybill told her he had not found any information. She reported to US Probation for the last time sometime just before Thanksgiving 2005; however, she was two hours late, and Mr. Graybill was not in the office. A week later Ms. Joaquin discovered she was pregnant. Fearing incarceration in Pima County and\or Federal Detention, and not wanting to be pregnant or give birth while incarcerated, Ms. Joaquin stopped reporting to her probation officers. She gave birth to Isaiah Valenzuela in July 2005 while her own mother was incarcerated. While conflicted by her obligations to report to jail and care for her child, she chose to care for her infant son.

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See page 1 of US Probation Officer Darren Graybill's SENTENCING RECOMMENDATION, first full paragraph under "JUSTIFICATION".

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It is important to note that Ms. Joaquin has not consumed alcohol since the time she
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discovered she was pregnant. Her cousins confirm this information in a letter (See Attached Exhibit B, Character Letters from Ann Marie Antone, Gwendolyn Antone, and Christie Powell). While pending revocation in United States District Court, Ms. Joaquin resolved the Petition to Revoke Probation in Pima County. In Pima County, Ms. Joaquin also admitted her violation and was reinstated on probation. (See attached Exhibit A, which includes Addendum Number One to Pre-sentence Report, dated October 10, 2006, and Pima County Superior Court Minute Entry regarding Disposition Hearing of October 16, 2006). As conditions of probation she must, "Participate in, cooperate with, and complete parenting classes, cognitive skills, and abuse and substance counseling." Ms. Joaquin welcomes the opportunity to improve her

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parenting skills and maintain her current condition of sobriety.
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IV.
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SENTENCING RECOMMENDATION Norberta has very specific rehabilitative needs that she did not access during her initial

term of supervised release due to her remote location and lack of available services. Although she is currently clean and sober and has been for some time, we ask this Court to order Substance Abuse Program Participation, pursuant §5D1.3(d)(4), Federal Sentencing Guidelines Manual. "As the US Probation Department now has an office in Casa Grande, Joaquin's performance on supervision and her progress with treatment can be more closely monitored." (See US Probation Sentencing Memorandum, page 1). This statement is particularly apt as Ms. Joaquin will be

residing in Casa Grande when released from detention. Ms. Joaquin has already served 13 months detention for the underlying offense; she has served and additional 32 days detention for her violation of supervised release. She is now

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motivated and situated to comply with her supervision.
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Further "imprisonment is not an

appropriate means of promoting correction and rehabilitation." 18 U.S.C. §3582. The defendant and her family plead for her supervised release so that she may be reunited with her infant son.

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EXHIBIT A

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EXHIBIT B

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Dear Judge Bolton 11/16/2006 We are the cousins of Norberta Joaquin in which she was residing with since July, 2005 to present. We have never had any problems or any disturbance from Norberta since her arrival. As a matter of fact we do not consume alcohol or any substance abuse there for Norberta was in a positive environment. On a daily basis Norberta would help clean, cook, etc. There was lack of transportation during the day therefore it made it difficult to travel anywhere. On July 03, 2006 Norberta did have a baby boy little Isaiah in which most of her time was spent tending to her infants needs. Norberta and the baby did make visits with the father but did return back home. Norberta is a good person and a great mother to Isaiah. We give Norberta our love, support, and encourage and with that Norberta was able to maintain a good and positive life with her baby and the father. We are most positive that when she is released that she will be more responsible and will for fill her duties when set for probation. Being apart from Isaiah is so difficult for her therefore she would not again put them in this same situation. And I am sure Isaiah to missing his mother. We thank you for taking the time to read our letter on behalf of Norberta Joaquin. Sincerely, Ann Marie Antone Gwendolyn Antone Christie Powell

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