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Published by CLDC_GS

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Published by: CLDC_GS on Jan 14, 2012
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12345678910111213141516171819202122232425262728Defense sentencing memorandum
JEFFERY S. WEINER, EsquireAttorney at LawFlorida Bar No. 1852149130 S. Dadeland BoulevardSuite 1910Miami, Florida 33156Telephone: (305) 670-9919FAX: (305) 670-9299lawfirm@jeffweiner.comAttorney for LAUREN WEINERIN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF CALIFORNIAUNITED STATES OF AMERICA,Plaintiff,v.LAUREN WEINER, Defendant.__________________________))))))))))Case No. CR.S-06-0035-MCEDate: December 11, 2007Time: 9:00 A.m.Judge: Hon. Morrison C.EnglandDEFENDANT LAUREN WEINER’S SENTENCING MEMORANDUM INSUPPORT OF HER REQUEST FOR AN ALTERNATE SENTENCEThe defendant, Lauren Weiner, by and through herundersigned counsel, hereby respectfully submits thisSentencing Memorandum in support of her request for asentence of "time served" followed by three years ofsupervised release as provided for in the statute, which isbelow the guideline range and the statutory maximum (60months). The defense respectfully suggests that the proposedsentence is "sufficient, but not greater than necessary, to
Case 2:06-cr-00035-MCE Document 380 Filed 12/04/2008 Page 1 of 22
123456789101112131415161718192021222324252627282Defense sentencing memorandum
comply with the purposes set forth" in 18 U.S.C. §3553(a) forall the reasons set forth in this sentencing memorandum.However, undersigned counsel would highlight two specificreasons for this Court to consider in fashioning a sentenceof "time served".A.Similarly situated co-defendant received a sentenceof "time served"18 U.S.C. §3553(a)(6) provides as a factor for thiscourt to consider in sentencing a defendant the need to avoidunwarranted sentence disparities among defendants withsimilar records who have been found guilty of similarconduct.First, Lauren Weiner's similarly situated co-defendantZach Jensen received a sentence of six months incarcerationwith credit for the six months he was in custody prior toentering a guilty plea and being released on bond. It isundisputed that Lauren Weiner and Zack Jenson were equallyculpable in the case and much less culpable then the clearleader, Eric McDavid.Lauren Wiener should be accorded this slightly lessersentence because her cooperation began almost immediatelyafter her arrest, was more extensive then Zack Jenson. Sheprovided essential and critically important assistance to theFBI and the United States in this case and other relatedmatters. Perhaps most important to this request for asentence just below that this Court gave to Zack Jenson is
Case 2:06-cr-00035-MCE Document 380 Filed 12/04/2008 Page 2 of 22
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the fact that her cooperation was a key factor in Zack Jensonentering a plea of guilty and cooperating himself. Pleasenote that Zack Jensen began cooperating approximately 6months after his arrest, and in large part because of LaurenWeiner's agreement that despite her feelings for him shewould testify against him if called by the government in histrial. Lauren Weiner, in contrast, began her cooperationalmost immediately upon her arrest.B.Lauren's immediate and extensive cooperationLauren's decision to cooperate did not come withoutgreat personal and emotional trauma. Still in shock from thearrest, having never been arrested before, and trying to copewith being in custody and the fact that someone sheconsidered "family" had in fact been a government informant,Lauren began to cooperate with the government. While she wasin custody Lauren was visited by individuals claiming to wantto help her but that, in fact, were placing pressure on hernot to cooperate and to "stay true" to the Earth LiberationFront. They intimated her and in essence threatened her sothat she would not cooperate. Yet, Lauren rejected theiradvice and cooperated fully and even reported theiractivities to the FBI. After Lauren was released on Bond,ELF individuals attempted to make contact with her in NewYork to further intimidate her and Lauren reported thoseattempts to the FBI as well.Lauren also cooperated with other FBI and law
Case 2:06-cr-00035-MCE Document 380 Filed 12/04/2008 Page 3 of 22

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