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United States v. Franco

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 16, 2011
No. CR 08-0730 WHA (N.D. Cal. Nov. 16, 2011)

Opinion

No. CR 08-0730 WHA

11-16-2011

UNITED STATES OF AMERICA, Plaintiff, v. ANGEL NOEL GUEVARA, et al. Defendants.


ORDER DENYING DEFENDANT ANGEL NOEL GUEVARA'S JOINDER MOTION TO DEFENDANT CRUZ-RAMIREZ'S MEMORANDUM RE SENTENCING

Defendant Angel Noel Guevara seeks to join in defendant Jonathan Cruz-Ramirez's memorandum in support of a downward departure in his sentence due to "imperfect entrapment" (Dkt. Nos. 5317, 5353). The joinder motion is D ENIED.

First, the joinder motion is untimely. The joinder motion was filed after the government had already submitted its opposition to defendant Cruz-Ramirez's memorandum (Dkt. Nos. 5321, 5347). Counsel has been repeatedly warned that joinder motions must be filed three days before the government's response is due (see, e.g., Dkt. No. 2074).

Second, the arguments contained within defendant Cruz-Ramirez's memorandum are fact-specific and the joinder motion does not provide sufficient facts with respect to defendant Guevara. The vague assertion that "[t]he arguments raised therein apply equally to Mr. Guevara, who also arrived in San Francisco in 2005 and was exposed to both Roberto Claros Acosta and Jaime Martinez at that time" fails to provide the necessary detail for the undersigned to determine if there is a basis for a downward departure due to "imperfect entrapment."

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Franco

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 16, 2011
No. CR 08-0730 WHA (N.D. Cal. Nov. 16, 2011)
Case details for

United States v. Franco

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MANUEL FRANCO, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 16, 2011

Citations

No. CR 08-0730 WHA (N.D. Cal. Nov. 16, 2011)