Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2753 4 DONNA LEE ELM, #012127 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 Joseph Murray, the Defendant, through undersigned counsel, asks the 17 Court to convert that hearing to both an Admit/Deny hearing and a Disposition 18 hearing, hoping to resolve his case in a single setting. Mr. Murray is scheduled for 19 an Admit/Deny hearing in this Court on February 4, 2008. The Probation Office will 20 be prepared to provide the Court with its recommendations orally at that joined 21 hearing. 22 Joseph Murray was released from prison without his medication and 23 promptly returned to old habits. He failed to report to this probation officer, and the 24 instant Petition to Violate his release was filed. He was arrested on his violation 25 warrant within a few weeks, and small quantities (personal use amounts) of marijuana 26 and methamphetamines were found on him at the time. 27 He waived his Preliminary hearing and simply submitted as to detention. 28 He was, consequently, detained. In exchange for that waiver and an admission at the vs. Joseph Murray, Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, No. CR-02-498-PHX-DGC MOTION TO CONVERT HEARING

Case 2:02-cr-00498-DGC

Document 64

Filed 01/29/2008

Page 1 of 3

1 next court hearing, the Government and Probation Office agree that his disposition 2 be "capped" at no more than the high end of the United States Sentencing Guidelines 3 range; the "high end" of his violation range is anticipated to be 14 months. The 4 agreement does allow Mr. Murray to argue for less than the "high end" of the range. 5 In addition, there would be no further supervised release to follow. Of course, this 6 agreement is not binding on the Court, which will have to decide whether to accept 7 it. 8 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 The Government and Probation Officer have been consulted regarding It is expected that excludable delay under Title 18 U.S.C. § Respectfully submitted: January 29, 2008. JON M. SANDS Federal Public Defender s/Donna Lee Elm DONNA LEE ELM Asst. Federal Public Defender 9 this motion, and they have no objection. 11 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon.

Case 2:02-cr-00498-DGC

Document 64

Filed 01/29/2008

Page 2 of 3

1 I hereby certify that on January 29, 2008, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal to the 2 following ECF registrants: 3 CLERK'S OFFICE Sandra Day O'Connor Courthouse 4 401 W. Washington, Suite 160 Phoenix, Arizona 85003 5 FREDERICK BATTISTA 6 Assistant U.S. Attorney United States Attorney's Office 7 Two Renaissance Square 40 N. Central Avenue, Suite 1200 8 Phoenix, Arizona 85004-4408 9 SHARON WERNER United States Probation Officer 10 Sandra Day O'Connor Courthouse 401 W. Washington, Suite 160 11 Phoenix, Arizona 85003 12 Copy mailed to: 13 JOSEPH MURRAY Defendant 14 15 s/Donna Lee Elm DONNA LEE ELM 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Case 2:02-cr-00498-DGC

Document 64

Filed 01/29/2008

Page 3 of 3