Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 1001

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 1001 Law Office of PHILIP KIMBLE, P.C. 5639 East Fifth Street, Suite G Tucson, Arizona 85711 (520) 323-2070 Facsimile: (520) 881-6884 Arizona Bar No.: 009741 Attorney for Defendant Nicholas Mariano UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) Plaintiff, ) ) v. ) ) 1. Nicholas Mariano, ) ) Defendant. ) ______________________________ ) CR 07-00447-TUC-JMR (JCG) MOTION FOR SETTLEMENT CONFERENCE REPORT It is expected that excludable delay under Title 18, United States Code, 3161(h)(1)(F) will occur as a result of this motion or an order based thereon. Defendant Nicholas Mariano, through counsel undersigned, respectfully moves the Court to order the United States Probation Department to prepare a Settlement Conference Report concerning Mr. Mariano's criminal history and offense level calculations. The purpose of the report would be to allow the parties to evaluate the settlement options on the basis of a better understand of Mr. Mariano's sentencing exposure under the United States Sentencing Guidelines, and 1 particularly his eligibility for "safety valve" treatment pursuant to U.S.S.G. 5C1.2, and 2D1.1(b)(9). DATED: July 11, 2007 s/ Philip Kimble Attorney for Defendant Nicholas Mariano Philip Kimble 2

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