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2 B “ 15, 16 ” 8 SCOTT A. SREBNICK, ESQ. (Pla. Bar No. 872910) 1899 south Bayshore Drive Miami, Florida 33133 Telephone: (305) 285-3019 Facsimile: (205) 285-1762 § tocar comseu: ea | MICHAEL D. NAGATIR, BSQ. (cA Bar No. 38122) et NASATIR, “HiIRSCH & SODBERESKY 4 3 211s Hain street 4 = Santa Monica, “ek 90405 Telephone: (310) 399-3259 as Facsimile: (210) 392-9029 leer Attorneys for Defendant t JAMES ROSEMOND UNITED STATES DISTRICT COURT CENFRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, CASE No. CR 98-550-Dr SENTENCING MEMORANDUM Ri GROUNDS FOR. DORNRARD DEPARTURE AND ARGUMENTS IN MITIGATION OF SENTENCE; EXHIBITS "A-F" vlaineize, JAMES ROSENOND, Date : January 10, 2000 Time : 1:30 p.m. Place: Courtroom of the Hon. Dickran Tevrizian Defendant. Defendant James Rosenond, by and through undersigned counsel, respectfully moves this Court for a downvard departure from the adjusted offense level calculated by the Probation Office. mr. Rosenond respectfully requests that the arguments in support of a Gounward departure also be considered by the Court in mitigation of sentence and in support of a sentence at the low end of the applicable guideline range. 2 2 B a ‘MEMORANDUM OP POINTS AND AUTHORITIES zs rvrRopuerron Defendant James Rosemond awaits sentencing by this Court on ‘two counts relating to his possession of one firearm in Los Angeles on February 17, 1996, sentencing is scheduled for January 10, 2000. In the most important respects, the James Rosenond who will stand before the Court at sentencing is a different person than the fone depicted in the presentence report. He is more mature. te is more disciplined. He is respectful of the law. In short, as we hope to denonstrate at sentencing, Mr. Rosenond has turned his life around and embarked upon a road to become a productive and law-abiding menber of society. As counsel, we do not say this lightly. We are mindful that Mr. Rosenond has a criminal history that may give the court cause for concern. We are also mindful that the Court has most certainly heard many such arguments and representations from counsel, and trusted those representations and given the defendant the benefit of the doubt, only to be disappointed by a defendant's future Fecidivist conduct. MWe believe this case is different. We will endeavor to demonstrate to the court at the tine of sentencing that Janes Rosenond, at this stage in his life, is worthy of the Court's compassion and leniency. We will endeavor to demonstrate it through testimony and other concrete evidence of his rehabilitation over the last four years. This rehabilitation includes, but is not Limited to, his employment and success in the music industry (where his talent and integrity are universally recognized), hie proviaing ef assistance to North Carolina prison authorities to prevent an oscar eperturatenate. a 2 B 4 15 16 0 18 9 20 a 2 2 4 25 6 n 8 escape attempt by inmates at a local facility where Mr. Rosenond was housed in 1996, his willingness to he debriefed by state and federal prosecutors and agents in New York in 1997 and 1998 regarding historical criminal investigations, and hie exemplary post-release conduct while on bend. We will endeavor to Genonstrate to the Court that imposing a significant prison term upon Janes Rosenond will thwart that rehabilitation by effectively ending his ability to earn a living in the music industry -- an industry that has provided him with the opportunity to rehabilitate. As discussed in nore detail below, this Court has the unique ability and authority to account for this rehabilitation through a downward departure based on several factors which are neither encouraged nor discouraged under the Guidelines, the most significant of which is the length of the governnent's delay in Prosecuting Mr. Rosenond. Because virtually the entire length of the delay in prosecuting Rosenond while he was incarcerated on other charges is subsuned within the guideline range recommended by the Probation office in this case, and because of the court's authority to grant a downward departure for other legally valid reasons stated herein, this Court has considerable discretion to fashion an appropriate sentence in this case. Indeed, the Court can fashion whatever sentence it believes is fair in view of Mr. Rosemond's punishment in other cases and hie rehabilitation. we hope to persuade the Court that the appropriate sentence includes a downward departure of at least 38 months -- the length of tine between Mr. Rosenond's arrest on February 17, 1996, and his first appearance in Los Angeles on the instant charges on April 12, 1999. Amr eparturaenete 3