Free Memorandum - District Court of Arizona - Arizona

1 2 3 4 5

John W. Rood, III State Bar No. 003458 LAW FIRM OF JOHN W. ROOD, III 817 North Second Street Phoenix, AZ 85004 (602) 258-1778 FAX: (602) 258-1779 Attorney for Defendant UNITED STATES DISTRICT COURT

6 DISTRICT OF ARIZONA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 s/John W. Rood, III John W. Rood, III Attorney for Defendant PRESENTENCE MEMORANDUM Present counsel did not represent Carissa Whitebread before this Court on her original charges when it sentenced her on March 10, 2003. Counsel has had the opportunity to review the Comes now Counsel for CARISSA WHITEBREAD and pursuant to this Court's Order files the following Presentence Memorandum. RESPECTFULLY SUBMITTED this 29th day of September, 2005. v. CARISSA WHITEBREAD, Defendant. UNITED STATES OF AMERICA, Plaintiff, PRESENTENCE MEMORANDUM Case No. CR02-88-2-PHX-ROS

original Presentence Report and the report that was produced on September 26, 2005 for the purpose of the disposition of Carissa following her admission to violating the terms and

Case 2:02-cr-00088-ROS

Document 91

Filed 09/29/2005

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

conditions of her supervised release.

Counsel has had several

opportunities to meet with Carissa, as well as with her parents. It is my understanding that both parents have sent the Court letters on Carissa's behalf, and at least from her Mother's perspective, Carissa needs a significant and specific course of treatment after her sentence with the Bureau of Prisons. I

believe Carissa understands the fact that an addiction to any type of drug and especially methamphetamine is significantly harder to overcome than people around them. Even spending 18 months in

prison does not necessarily keep one from returning to their habit. The courts are well aware that part of an addict's rehabilitation is relapse, and Carissa falls into that category. The simple facts are that people with addictions either live long enough to conquer the addiction, or die. Carissa is going to have to make. In my meetings with her, she seems cheerful and ready to do whatever is necessary, including spending significant time in the federal penitentiary, if that is the Court's order. It is This is a choice that

probably neither beneficial to the Defendant, nor society in general, that the Court impose a maximum sentence upon her, and counsel would request that the Court follow the recommendations in the Disposition Report prepared U.S. Probation Officer Leigh Anne Gibbons. I believe the United States Probation Office can and

will direct her to the programs that may help her and that she will seek the help she needs her second time around. 2 Both of her

Case 2:02-cr-00088-ROS

Document 91

Filed 09/29/2005

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

parents are willing to help her in any way they possibly can and such family support can be of great benefit. Apparently, Carissa

has expressed that it would be in her best interest not to be incarcerated in Arizona or released in Arizona for the fear that her acquaintances in the world of drugs will still be readily available, and therefore, the temptation to associate with them overwhelming. This has, in the past, led to consequences that are

unhealthy for her. The Court should also take into consideration the fact that Carissa, either as a result of her elicit use of drugs or for other reasons, seems to have developed significant depression, and mental health services would be appropriate upon her release from the Bureau of Prisons. RESPECTFULLY SUBMITTED this 29th day of September, 2005.

____________________________ John W. Rood, III 817 North Second Street Phoenix, AZ 85004 Attorney for Defendant I hereby certify that on September 28, 2005, I caused the attached document be electronically transmitted 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: Frederick A. Battista Assistant U.S. Attorney Probation Officer Leigh Anne Gibbons U.S. Probation Office 3

Case 2:02-cr-00088-ROS

Document 91

Filed 09/29/2005

Page 3 of 4

1 2 3 4 5 6

s/John W. Rood, III Attorney for Defendant COPY of the foregoing mailed this 29th day of September, 2005, to: Carissa Whitebread #46627008 CCA-Florence P.O. Box 6300 Florence, AZ 85232 _____________________________

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4

Case 2:02-cr-00088-ROS

Document 91

Filed 09/29/2005

Page 4 of 4