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Case 6:12-cr-06103-DGL Document 27 Filed 10/23/12 Page 1 of 4

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK ____________________________________ UNITED STATES OF AMERICA, STATEMENT WITH SENTENCING BLAINE GARDNER, DOCKET: DEFENDANT. _____________________________________ RESPECT TO

6:12-CR-06103-001

The Defendant, Blaine Gardner, by his attorney, James M. Byrnes, Esq., hereby files and serves this Statement With Respect To Sentencing in the above-mentioned case and states the following: 1. That I am an attorney duly licensed to practice law in New York State and in the Federal Court for the Western District of New York and that I am assigned to represent the above named Defendant with respect to the charge

contained in Felony Information No. 12-CR-6103 DGL-P. and as his attorney I am fully familiar with the facts stated herein. 2. That the Defendant and I have been supplied with a copy of the Pre-sentence Report initially prepared on September 21, 2012, and the revised Report dated October 10, 2012. I and my client have both thoroughly reviewed said Report.

Case 6:12-cr-06103-DGL Document 27 Filed 10/23/12 Page 2 of 4

There are no objections to the guideline calculations or the factual materials set forth therein. 3. I have been thoroughly impressed by my client. He is an industrious and intelligent young man who has never had any significant trouble with the law previously. Since the time of his arrest he has been reporting to the probation office in his area. To my He knowledge, has done he has passed that all has drug been

screening

tests.

everything

requested of him. From my conversations with them I believe that he has made a personal commitment to lead a law

abiding life. I believe that he has learned his lesson the hard way by his experience with these charges. The letter written to the court by Blain Gardner's supervisor, Stan Kozlowski, actually confirms and reinforces the impression that I have of Blaine Gardner. 5. I am attaching as Exhibit a resume prepared by my client which sets forth and highlights some background material. Dated: October 22, 2012 Respectfully submitted, /s/ James M. Byrnes, Esq. James M. Byrnes, Esq. Attorney for Defendant, Blaine Gardner 45 Exchange Street Suite 914 Rochester, New York 14614 585-292-1040

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Case 6:12-cr-06103-DGL Document 27 Filed 10/23/12 Page 3 of 4

EXHIBIT A My name is Blaine Gardner, I was born January 10th 1985. I went to Pulaski Elementary from there I went to Pulaski Jr/ Sr High School. I played Hockey, Football, Baseball, and ran Track. I started playing sports when I was 4 years old. I was the captain of my Hockey team for most of my career and the same with football team. I played hockey for 14 years and football for 8. During school I was also a member of the Varsity club and helped do fundraising for our school sports. My Junior year of high school I was voted Prom Prince during our school prom and voted Prom King my Senior year. I finished high school on the Honor roll. After high school I went to college at Hudson Valley in Albany and also attended Mohawk Valley in Utica for C.A.D (Computer Aided Drafting) I have worked various jobs since then trying to find something I enjoy doing, during that time I have taught my self to build Computers and also repair them. Computers are something that I have a passion for and I would like to attend college again for computer hardware and software and get certified to pursue a career in that field. I am currently working at Drivers Village in Cicero NY and a service adviser. I have been working here for a year and I really enjoy my job and being able to interact with people on a daily basis. I live with my girlfriend Jessica Guthrie who I have been dating happily for over 5 years now. October 18, 2012 /s/Blain Gardner

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Case 6:12-cr-06103-DGL Document 27 Filed 10/23/12 Page 4 of 4

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK _________________________________________ UNITED STATES OF AMERICA,

vs. Docket:6:12-CR-06103-001 BLAINE GARDNER, Defendants. _________________________________________ CERTIFICATE OF SERVICE I hereby certify that on October 22, 2012, I electronically filed the foregoing with the Clerk of the District Court using its CM/ECF system, which would then electronically notify the following CM/ECF participants on this case: Douglas E. Gregory, Assistant US Atty. douglas.gregory@usdoj.gov

__\s\ JAMES M. BYRNES__

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