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

Filing 81

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 81 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 27 28 Gregory J. Navazo Attorney At Law 7614 North 51st Drive Glendale, AZ 85301 (623) 326-9083 (602) 322-1001 Bar No. 019552 Attorney for the Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2:08-CR-00731-PHX-SRB SENTENCING MEMORANDUM AND LETTERS SUBMITTED ON BEHALF OF THE DEFENDANT (Sent Set for November 24, 2008 at 10:00am) Salvador Acuna-Quijada, Defendant. On behalf of the defendant Defense counsel submits the following recommendations for sentencing. BACKGROUND The defendant finds himself about to be sentenced to longest of any of his criminal convictions to date. At the completion of his sentence he will be deported to Mexico as he has been in the past, with one main difference. At the present time Mr. Acuna Quijada has moved his family to Mexico to await his release date. This may seem trivial however he has begun the transition process to starting his life over in Mexico. The Pre-Sentence Report writer failed to mention this fact in her information provided to the Court. Additionally, another change that has occurred is that Mr. Acuna Quijada has begun a process of dealing with his addictions which is a big reason for where he finds himself today. Mr. Acuna Quijada has been attending Narcotics Anonymous classes and completing religious 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 27 28 studies via correspondence. The participation in both these programs has helped Mr. Acuna Quijada begin his recovery and cope with his addictions. SENTENCING RECOMMENDATIONS Defendant falls at a guidelines sentencing range 15 criminal history level III which caries with it a sentencing range of 24 to 30 months. Defense counsel would recommend 24 months as it represents Mr. Acuna-Quijada's longest incarceration period to date. Mr. Acuna- Quijada has taken steps to unite with his family in Mexico thereby reducing the likely hood of return to the United States. Lastly, Mr. Acuna Quijada has begun addressing his addiction problem while in pre-sentence custody. A twenty four (24) month sentence is sufficient but not greater than necessary to fulfill the need of an Illegal Re-Entry after Deportation with the (b)(2) Enhancement conviction, as it reflects the seriousness of the offense and promotes respect for the law. It provides Mr. Acuna Quijada a just punishment for his re-entry and the necessary deterance to committing more crime in this country. A twenty four (24) month sentence also protects the public and provides the necessary time for Mr. Acuna Quijada to receive the needed treatment for his addictions. SENTENCING LETTERS The attached letters were submitted by friends, family and the Mexican Government in behalf of the defendant for purposes of sentencing. RESPECTFULLY SUBMITTED this 21, November 2008 /s/ Gregory J. Navazo Gregory J. Navazo Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on November 21, 2008, I electronically transmitted the attached document 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: Lisa Miller, AUSA S/Gregory J. Navazo Attorney for Defendant -2-

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