Free Sentencing Memorandum - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2700 5 JANE L. McCLELLAN AZ State Bar No. #015902 6 Asst. Federal Public Defender [email protected] 7 Attorney for Defendant 8 IN THE UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 Defendant Maria Guadalupe Gonzalez-Macias, by and through undersigned counsel, hereby submits the following disposition memorandum. Ms. v. Maria Guadalupe Gonzalez-Macias, Defendant. United States of America, Plaintiff, No. CR-00-065-PHX-RCB DISPOSITION MEMORANDUM DISTRICT OF ARIZONA

20 Gonzalez-Macias admitted two violations of her supervised release: violation A that 21 she failed to submit urine tests as part of a substance abuse program, and violation B 22 that she failed to submit written monthly reports and to report to her probation officer. 23 Disposition in this matter is set for July 31, 2006. 24 This petition represents defendant's second petition to revoke supervised 25 26 27 28 release. Previously, Ms. Gonzalez-Macias's terms of supervised release were modified to add the condition that she reside at a halfway house for substance abuse treatment. After the first petition, defendant was released pending disposition to reside at a treatment center. As reflected in the probation officer's memorandum,

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1 after this first violation petition, Ms. Gonzalez-Macias showed improvement and 2 made efforts to comply with supervision. Unfortunately, Ms. Gonzalez-Macias has 3 relapsed to drug use again. 4 5 6 7 The probation officer is recommending an upward departure from the recommended guideline range of 3 to 9 months, and is recommending a sentence of 18 months of imprisonment followed by no supervision. Defendant agrees that no

8 more supervision is appropriate in this case. Defendant has had the opportunity to 9 take advantage of several substance abuse programs and has had some success and 10 some failures. Substance abuse is always a serious problem that can take years to 11 overcome. Defendant does not agree, however, that a sentence of 18 months is 12 warranted. This sentence is substantially greater than her first sentence for violation 13 of her supervised release, which was only 27 days (time served). Defendant 14 15 16 17 respectfully suggests that a somewhat lower sentence, such as 13 months, would be more appropriate. A sentence of 13 months would represent a substantially higher sentence than her last sentence and would be an upward departure from the

18 recommended guideline range. The additional time of an 18-month sentence serves 19 little purpose as defendant is not likely to receive any substance abuse treatment in 20 custody. A sentence of 13 months is long enough to be punitive without being any 21 longer than necessary. 22 For the foregoing reasons, defendant respectfully requests that the Court 23 impose a sentence of 13 months of imprisonment, followed by no further supervised 24 release. 25 /// 26 /// 27 28 ///
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Respectfully submitted: July 20, 2006. JON M. SANDS Federal Public Defender

s/ Jane L. McClellan JANE L. McCLELLAN Asst. Federal Public Defender

the foregoing transmitted 8 Copy of for filing this 20th day by ECF 9 of July, 2006, to: 10 Clerk's Office United States District Court 11 Sandra Day O'Connor Courthouse 401 W. Washington 12 Phoenix, Arizona 85003 13 Darcy Cerow 14 Office of the United States Attorney Two Renaissance Square 15 40 North Central Ave., Ste. 1200 Phoenix, Arizona 85003 16 Copy mailed to: 17 18 Pascual Linarez U.S. Probation Office 19 325 W. 19th Street, Suite A Yuma, Arizona 85364 20 Maria Guadalupe Gonzalez-Macias 21 Defendant 22 s/ Kathy A. Kruckeberg 23 Kathy A. Kruckeberg 24 25 26 27 28
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