Share This Profile
Share this profile on Facebook.
Link to this profile on LinkedIn.
Tweet this profile on Twitter.
Email a link to this profile.
See other services through which you can share this profile.
This profile  and contains information from public web pages.

Mr. Xxxx Xxxx

Wrong Xxxx Xxxx?

Link Officer

Phone: +44 **** *** ***  HQ Phone
Local Government Ombudsman
10Th Floor Millbank Tower
Millbank, London SW1P 4QP
United Kingdom

Company Description: We aim to help local authorities improve their administration in three ways: by issuing guidance on good administrative practice in the form of focus reports and...   more
Background

Employment History

  • Sergeant
    Arlington Police Department
  • Medical Assistant Training
    Access Unlimited
  • Salesperson
    Access Unlimited
  • Bank Teller
    Advanced Career Training
  • Cambs Times
  • Campbell Grinding

Board Memberships and Affiliations

  • Founder
    Witko Engineering
20 Total References
Web References
Can you help police locate a ...
www.crazycouncil.co.uk [cached]
Can you help police locate a man wanted in connection with a burglary in Willerby?: http://www.humberside.police.uk/divisions/c-division.rss
...
BBC News - Council offers wage support scheme to boost job creation BBC News - Council offers wage support scheme to boost job creation. Council offers wage support scheme to boost job creation Sam Gibbs is one of those who has found employment thanks to the scheme Continue reading the main story Related Stories ...
...
ELECTIONS: North East Lincs Council results by ward ELECTIONS: North East Lincs Council results by ward. THE results for North East Lincolnshire Council by ward have been announced. They are: Croft Baker - Lab hold Michael Burnett (Lab) 1,619 Bob Callison (Con) 964 Colin Eastwell (L...
...
Council leader: 'I will not stand down' Conservatives, led by Coun Keith Brookes, said if Coun De Freitas did not leave his role within 48 hours, they too would back the motion. However, the embattled leader has dismissed the calls as political opportunism. He said he believed the position of the Conservatives had changed since the Liberal Democrats took overall control of the authority following the break-up of their coalition. eanor M Pidgen Liberal Democrat Term of Office until 2012 Croft Baker 24 Hardys Road Cleethorpes North East Lincolnshire DN35 0DH Home Tel: 01472 695477 Email: leanor.pidgen@nelincs.gov.uk Audit Committee : Liber...
...
This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty.
...
This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty.
...
Ex-solicitor 'relieved' after being cleared of dishonesty Friday, August 12, 2011 Grimsby Telegraph Follow A WELL-KNOWN former solicitor has been cleared of d... BBC News - Council offers wage support scheme to boost job creation BBC News - Council offers wage support scheme to boost job creation. Council offers wage support scheme to boost job creation Sam Gibbs is one of those who has found employment thanks to the scheme Continue reading the main story Related Stories ...
...
ELECTIONS: North East Lincs Council results by ward ELECTIONS: North East Lincs Council results by ward. THE results for North East Lincolnshire Council by ward have been announced. They are: Croft Baker - Lab hold Michael Burnett (Lab) 1,619 Bob Callison (Con) 964 Colin Eastwell (L...
...
UK and Netherlands to sue Iceland over lost deposits « Xfm 95.1 Newscenter | Latest News from Ghana and the World..
...
UK and Netherlands to sue Iceland over lost deposits « Xfm 95.1 Newscenter | Latest News from Ghana and the World..
...
UK and Netherlands to sue Iceland over lost deposits back posted Today at 09:31 and has no comments. Post a Comment. Prime M...
...
Councils rely on 'bullying' bailiffs - Telegraph Councils rely on 'bullying' bailiffs - Telegraph. Councils rely on 'bullying' bailiffs Intimidating practices being used by councils to collect unpaid parking fines have been identified by an investigation. If a debtor is not at... NELC pays out more than £45k in personal injury compensation | Accident Claims NELC pays out more than £45k in personal injury compensation | Accident Claims. According to a recently published article in the Grimsby Telegraph newspaper, the North East Lincolnshire Council has made more than £45,000 in personal injury ... This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty. This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty This is Grimsby | Ex-solicitor 'relieved' after being cleared of dishonesty.
...
Ex-solicitor 'relieved' after being cleared of dishonesty Friday, August 12, 2011 Grimsby Telegraph Follow A WELL-KNOWN former solicitor has been cleared of d... Funding agency fears over fraud | FE Week Funding agency fears over fraud | FE Week. Funding agency fears over fraud Ian Nash Jun 30, 2011 The Skills Funding Agency has promised a crackdown on fraud and misuse of public money in the FE and skills sector, which it admits is likely ... Gross misconduct allegation as Fenland Council suspends its £65,000 a year planning supremo - News - Cambs Times Gross misconduct allegation as Fenland Council suspends its £65,000 a year planning supremo - News - Cambs Times. Gross misconduct allegation as Fenland Council suspends its £65,000 a year planning supremo Story by: JOHN ELWORTHY , Editor Monday, Jul...
...
Council spending over £500 As part of North East Lincolnshire Council's commitment to openness and transparency we are pleased to publish on a monthly basis details of the payments we have made to external bodies and suppliers over £500 (excluding VAT), and all Credit Notes. Strategic Director People and Communities Salary - £120,000 plus Relocation Package North East Lincolnshire Council.
...
ELECTIONS: North East Lincs Council results by ward ELECTIONS: North East Lincs Council results by ward. THE results for North East Lincolnshire Council by ward have been announced. They are: Croft Baker - Lab hold Michael Burnett (Lab) 1,619 Bob Callison (Con) 964 Colin Eastwell (L...
...
My 14 year old daughter was attacked by a 24 year old adult, a really vicious assault on school grounds in front of 100's of children, a teacher had to pull this adult off. Yet because the head of year knew the assailant she let her go, perverted the course of justice by deliberating taking statements from pupils that weren't even there. God knows what she told the police but they didn't even investigate and no charges were brought against the assailant even though they knew who she was.
...
Lots of people havew very similar experiance with councilk officers and the council tax systems, I will email you privatly tonight as i may have some helpfull advice for you, i was bankrupted by my council in similar curcumstances.
...
Post edited 8:17 pm - March 10, 2012 by Polystyrene Anchor
...
I'm returning the bill I received this morning for my council tax liability which commences April 2012.
If you recall I stated the following in a formal complaint dated 13 December 2011, to which the council have refused to address:
"….. For this reason and because of the nightmare I have experienced over recent years due to the council's incompetence, I request that starting from next year my Council Tax account be no longer administered by NELC and arrangement be made for an alternative method for its collection."
...
Post edited 11:51 am - March 14, 2012 by Polystyrene Anchor
...
On behalf of the Head of Income & Payments Service, I am writing in response to your letter dated 8/3/12, which was received on 12/3/12.
...
Post edited 8:59 pm - March 14, 2012 by Polystyrene Anchor
...
Re: Refusal to make alternative arrangement for council tax payments
I refer to your email of 13 March 2012, and note your refusal to make alternative arrangement for my council tax payments. You have also stated "that North East Lincolnshire Council will not enter into any further dialogue with you regarding this matter."
Though you're unlikely to respond, I'm sure you'll be reading this, so I will ask anyway why have you - and the council's court enforcement manager on a previous occasion - replied to letters which were specifically sent to the head of income & payments service to address?
Are both you and the court enforcement manager as I suspect, completely spineless?
Having had talks with each of you, I'm convinced you're at least bull$_t artists.
...
I'm at a loss to know how these government whores have got away with this for so long, and why the public have allowed it.
...
I can only conclude that should such a case be brought before a judge, the whole can of worms would be there for all to see, and this is probably the last thing NELC wants.
...
Post edited 12:09 pm - March 15, 2012 by Polystyrene Anchor
...
However, if you think the council are incalcitrant, just wait till the Local Government Ombudsman do their bit and dismiss the council's failings as merely an acceptable inconvenience which they can't investigate, either because it is doesn't fall under their juristiction or it can be dealt with through the courts.
...
North East Lincolnshire Council tried to recover council tax which I had already paid to them. This included:
...
7. The Rossendale's bailiff, under the observation of the Council's Income & Collection Manager, failing to comply
UNITED STATES DISTRICT COURT
texascrimlaw.leadcounsel.com, 5 Sept 2004 [cached]
XXXX XXXX,
...
,A. U.S.S.G. ¤ 2F1.1(b)(4) is
...
XXXX is currently sixty years old.See Presentence Investigation
Report (the "PSI") at ¦¦ 42, 47.When he was seventeen years old, Mr.
XXXX and his family immigrated to the United States from Europe.Id.
at ¦ 42.
,In
1965, Mr. XXXX and his brothers founded Witko Engineering ("Witko")
in Gardena, California.Id. at ¦ 53.
...
Mr. XXXX was Vice-President of
...
Assemblies.
...
Assemblies machined and processed as well as one spare Assembly that was
...
or excused by MDC, Mr. XXXX then signed a NonConforming Materials Report
...
Mr. XXXX then had preliminary discussions
...
XXXX was told by Mr. Nishiyama that MDC's source inspector would likely
...
short time before Witko declared bankruptcy, Mr. XXXX and one of his
...
California.Following Witkoâs bankruptcy, Mr. XXXX took the nineteen
Assemblies with him to Aero Tech. Unlike Witko, however, Aero Tech was
unable to become an approved source for MDC.Mr. XXXX and his brother
...
Engineering operated from October 1990 to July 1993.See PSI at
...
Mr. XXXX followed
Mr. Groffâs suggestion.Mr. XXXX did not realize at the time
...
the meantime, Mr. XXXX and his wife were forced to declare personal
bankruptcy.Thus, in a short time span, at the age of fifty-eight, Mr.
XXXX lost his business, his home and his life savings and was forced
...
Nathan Green. ,Shortly upon arriving in Texas, Mr. XXXX went to
...
Id.
at ¦¦49-50.Mr. XXXX is still employed by Campbell Grinding and Machine
...
his move to Texas, Mr. XXXX's daughter and son-in-law also founded
Deutsch Precision.His son-in-law described Deutsch Precision as "a place
for XXXX to work part-time as a machinist in a one man shop."
...
In other words, it was a place for Mr. XXXX
to putter around when he got off from work and where, hopefully, he could
...
that her father had on consignment in California.
...
Id. Both Linda and Nathan Green encouraged Mr. XXXX to contact
...
in California.Id.Significantly, other than putting the parts
on consignment with DelToro Machine, Inc. upon the advice of his bankruptcy
attorney, Mr. XXXX had taken no other steps to sell the spare
Witko parts prior to the time he was encouraged by his daughter and son-in-law
to contact Dallas Aerospace.
,Upon
contacting Dallas Aerospace in July of 1994, Mr. XXXX was put in contact
...
However, as also noted above, Mr. XXXX
...
Rather than simply telling Mr. XXXX that he could not sell
...
Indeed, had Mr. Hoffman told Mr. XXXX about the FAA regulation,
...
there is no doubt whatsoever in the undersigned counsel's mind that Mr.
XXXX would have simply walked away.
,As
a result of negotiations between Mr. XXXX and Hoffman, operating in
an undercover capacity, Mr. XXXX arranged for the nineteen Assemblies
to be brought to Texas from California.Mr. XXXX repeatedly explained
...
Transcript of July 11, 1994 conversation between XXXX XXXX and J.R.
...
Prior to buying the Assembly, Mr. XXXX
...
an example of Mr. XXXX's naivete, he actually had his daughter call
...
Assembly he was selling to Dallas Aerospace.See Transcript of
...
in order to ensure Mr. XXXX was successfully snagged, magnanimously
recommended a local company, Dalfort Corporation, that could do the penetrate
inspection.Id. at 1-2.
...
also requested that Mr. XXXX provide a certificate of compliance reflecting
how the Assembly in question was manufactured and processed.
...
e.g., Letter from J.R. Hoffman to XXXX XXXX (attached hereto
...
Hoffman rejected the first two sample certifications Mr.
...
XXXX offered to supply (see samples (attached hereto as Exhibit
L)), but Hoffman finally approved a Certificate of Compliance that nowL)), but Hoffman finally approved a Certificate of Compliance that now
...
case. See Parts/Material Certification (attached hereto as Exhibit
M).
,The
Certificate of Compliance at issue specifies that the Assembly that was
...
which Mr. XXXX knew had not actually been "bought off" by MDC).
...
Mr. XXXX also provided numerous certifications obtained in the production
process for the part.
...
of Compliance from Deutsch Precision admittedly did not reference any
...
Certificate of Compliance also certified that the Assembly had been delivered
by an MDC truck.
...
even though everybody obviously knew that Mr. XXXX's son-in-law, and
...
Mr. XXXX, a respected machinist
who never committed a crime in sixty years (see PSI at ¦¦ 36-41),
decided to sell a spare part in order to earn extra cash.Mr. XXXX
firmly believed the part was airworthy, despite minor discrepancies; and
believed he had the legal right to sell the part because he made it.Moreover,
had Hoffman ever told Mr. XXXX that he was not able to sell the part
to any entity other than MDC, Mr. XXXX surely would have walked away.
...
Instead, Hoffman encouraged Mr. XXXX's offense at every turn by suggesting
...
Compliance.Mr. XXXX admits providing Hoffman the Deutsch Precision
...
Certificate of Compliance certifying the part was processed to MDC specifications
...
also reflects the hand of J.R. Hoffman and an ignorance on Mr. XXXX's
...
Court has before it numerous character letters that speak volumes regarding
Mr. XXXX and do so far more eloquently than the undersigned counsel
...
written by one of Mr. XXXXâs daughters, Laurie Dickson: "I have never
...
One of my father's major feats
are the success of his children."
...
and company [Witko Engineering]....[H]e is one of the hardest working
individuals I know."(Son-in-Law, Nathan Green)
...
ð,"[H]e has raised and schooled
three successful children and has instilled in them the fine values that
make them the good and kind adults that they are today.This can only
be done by example."(Daughter-in-Law, Dr. Mary Beth XXXX)
ð,We know he has pleaded guilty
to this offense....[I]t contradicts all that we know about XXXX's character."
...
ð,"I have found XXXX to be an
exemplary employee."
...
metal parts manufacturing company of my own, and I have had XXXX's company
(known as Witco [sic.] Engineering) perform literally hundreds of machined
...
ð,"Quite simply, XXXX is one
of the finest men I know."
...
XXXX immigrated to the United States at age seventeen with a sixth
grade education.See PSI at ¦ 47.He served in the army (id.
...
Mr. XXXX as an American success story.
...
XXXX is a proud man who has been forced to start over again at the
age of sixty.Up until now, he has lived an exemplary life.At the same
time, he accepts responsibility for his actions in this case.While he
did not intend to defraud Dallas Aerospace and fully believed the Assembly
he sold to Dallas Aerospace was airworthy, he admits that discrepancies
between the Assembly and the MDC blueprint make the statement in the Certificate
of Compliance, that the Assembly was processed to MDC specifications,
a false statement.Indeed, many of the letters sent to this Court, especially
by family members, comment on how remorseful and ashamed Mr. XXXX is
UNITED STATES DISTRICT COURT - CASE NO. 94-10117
www.brodenmickelsen.com, 29 Mar 1994 [cached]
XXXX XXXX,
...
XXXX XXXX Attorney for Defendant
...
The Appellant, XXXX XXXX, pled guilty and was sentenced before the Honorable Jerry Buchmeyer, United States District Judge for the Northern District of Texas.
...
Judge Buchmeyer also ruled on the Motion to Suppress.
...
The Appellee, the United States of America, was represented in the proceedings below and is represented on appeal by Assistant United States Attorney Michael Snipes.
...
Therefore, Mr. XXXX believes that oral argument would particularly assist the Court in judging the merits of these claims.
...
I. THE CHECKBOOK WAS SEIZED AS THE RESULT OF AN ILLEGAL SEARCH AND SEIZURE AND, THEREFORE, MUST BE SUPPRESSED. 10
...
2. Mr. XXXX had exclusive control of the bathroom and, therefore, Mr. Stiles could not, in any event, consent to the search of the bathroom.
...
A. The Statement Made By Mr. XXXX to the Postal Inspector Followed the Illegal Search and the Illegal Seizure of the Checkbook and Must Be Suppressed as ÎFruit of the Poisonous Tree.'
B. Even Assuming Arguendo That Mr. XXXX Did Not Have Standing to Contest the Illegal Seizure of the Checkbook, Mr. XXXX Was Nonetheless Subject to an Illegal Arrest and, Therefore, His Statement Must Still Be Suppressed as Fruit of the Illegal Arrest.
...
Brown v. State, 238 A.2d 147 (Md. Ct. Spec. App. 1968)
Buchanan v. State, 471 S.W.2d 401 (Tex. Crim. App. 1971), cert. denied, 405 U.S. 930 (1972)
Bumper v. North Carolina, 391 U.S. 543 (1968)
City of Tukwilla v. Nalder, 770 P.2d 670 (Wash. Ct. App. 1989)
Commonwealth v. O'Neal, 429 A.2d 1189 (Pa. Super. Ct. 1991)
...
People v. Kalchik, 407 N.W.2d 627 (Mich. Ct. App. 1987)
People v. Morgan, 558 N.E.2d 524 (Ill. App.
...
Ct.), appealdenied, 561 N.E.2d 701 (Ill. 1990)
State v. Bryant, 177 N.W.2d 800 (Minn. 1970)
State v. Cover, 450 So.2d 741, 746 (La. Ct. App. 1984), writdenied, 456 So. 166 (La. 1984)
State v. Limberhand, 788 P.2d 857 (Idaho Ct. App. 1990)
...
United States v. Lee, 898 F.2d 1034 (5th Cir. 1990), cert. denied, 113 S.Ct.
...
P. 11(a)(2)
...
The jurisdiction of this Court is invoked pursuant to 28 U.S.C. ¤ 1291, as this is an appeal from a final judgment entered by the United States District Court for the Northern District of Texas.
STATEMENT OF THE ISSUES
A. Search
I. An overnight guest in another's motel room has standing to contest a search of that room.
II. A consent to search following a previous illegal search does not render the items seized during the initial search admissible.
III. A host cannot consent to the search of a bathroom while it is being used by a guest.
B. Statement
IV. A statement made shortly following an illegal search must be suppressed.
...
By one count indictment filed May 19, 1993, the Appellant, XXXX XXXX, was charged with possession of stolen mail, in violation of 18 U.S.C. ¤¤ 1708 and 2. See Excerpts at 3. Subsequently, Mr. XXXX filed a motion to suppress illegally seized evidence and an illegally obtained statement both of which formed the basis of the indictment. See Rec. at I:21. An evidentiary hearing was held on Mr. XXXX's Motion to Suppress before the Honorable Jerry Buchmeyer on November 18, 1993, and, following that hearing, the District Court overruled that motion from the bench.
...
On November 19, 1993, Mr. XXXX entered a conditional guilty plea to the indictment before Judge Buchmeyer.
...
The conditional guilty plea was entered pursuant to Fed. R. Crim. P. 11(a)(2) and Mr. XXXX reserved his right to appeal the District Court's ruling on his Motion to Suppress. Id.
On February 4, 1994, Mr. XXXX was sentenced to a term of imprisonment of ten months. See Excerpts at 4. Mr. XXXX was also sentenced to a term of Supervised Release for a period of three years. Id.
On February 7, 1994, Mr. XXXX filed a timely notice of appeal and this appeal follows. Id. at 2.
B. Statement of the Facts
Prior to the events of this case, James Stiles had lived in Room 129 of the Abrams Inn in Arlington, Texas for three years.
...
Id. at 37. On April 1, 1993, the Appellant, XXXX XXXX, visited Mr. Stiles and his girlfriend at the Abrams Inn and stayed overnight in their room as Mr. Stiles' guest.
...
Id. at 37; 39; 41.
Early on the morning of April 2, 1993, while Mr. XXXX was in the only bathroom in Room 129, Postal Inspector David McDermott and two officers from the Arlington Police Department (collectively "the officers") knocked on the door of the unit.
...
Id. at 6.
...
Id. at 36. At the time the Officers entered the room, Mr. XXXX was in the bathroom, sitting on the toilet, with the door to the bathroom closed. Id. at 41-42. Sergeant Cowcert of the Arlington Police Department then ordered Mr. XXXX to come out of the bathroom. Id. at 32; 42. Mr. XXXX testified at the suppression hearing that he would not have come out of the bathroom had he not been ordered to do so by Sergeant Cowcert. Id. at 42-43.
After Mr. XXXX came out of the bathroom, Sergeant Cowcert entered the bathroom and noticed a book of checks that Mr. XXXX had placed in the bathroom's trash can. Id. at 28-29. Mr. XXXX testified that he had a possessory interest in the checkbook. Id. at 43. Significantly, Mr. XXXX also testified that the checkbook was covered with a blue and black marbled checkbook cover that covered the checks completely. Id. at 43-44. Inspector McDermott confirmed that the checkbook did have a checkbook cover. Id. at 22. Despite the fact that the checkbook was clearly not a weapon that might have endangered Sergeant Cowcert's safety and despite the fact that the checkbook cover prevented Officer Cowcert from determining that the checks might have belonged to an individual other than one of those in the motel unit, when Officer Cowcert saw the checkbook he proceeded to reach into the trash can, seized the checkbook, and he then brought the checkbook into the main room. Id. at 28-29.
After the checkbook was brought out into the main room, Inspector McDermott began questioning Mr. XXXX, Mr. Stiles, and Mr. Stiles' girlfriend regarding ownership of the checks.
...
Id. at 29; 38. Although the checks were printed in the name of Tricia or Brant Whetstone, the Officers did not know at that point the names of the occupants of Room 129 (id. at 33) and, therefore, they did not know whether any of the three occupants were Tricia or Brant Whetstone.
...
Id. at 10; 30; 44. Only at this point, after the checkbook was seized and after the initial questioning had begun, did the Officers request and receive consent from James Stiles to do a complete search of the motel room.
...
Id. at 29; 38.
After the complete search, Inspector McDermott asked Mr. XXXX to give him a handwriting sample on a piece of paper provided by one of the Arlington Officers. Id. at 10; 44-45. At first Mr. XXXX complied and began writing an exemplar with Inspector McDermott's direction, but then Mr. XXXX changed his mind and folded up the piece of paper and refused to return the paper to Inspector McDermott. Id. at 17; 45. Inspector McDermott testified that after Mr. XXXX refused to return the paper containing the handwriting exemplar, he told Mr. XXXX words to the effect that XXXX was to give him the "fucking piece of paper" because it was "goddamn federal property. Id. at 18; 45. Inspector McDermott candidly conceded at the suppression hearing that he was not going to let Mr. XXXX change his mind and keep the piece of paper and admitted that he believed that Mr. XXXX also understood that he (Inspector McDermott) was going to get the piece of paper from him. Id. at 18-19; 46. Mr. XXXX characterized the heated exchange as "hostile" and "a show of power" by Inspector McDermott. Id. at 46. In contrast, Inspector McDermott testified that, despite his profanity and his clearly understood intent to get the piece of paper from Mr. XXXX no matter what it took, the exchange was friendly. Id. at 11.
After this first exchange between Mr. XXXX and
UNITED STATES DISTRICT COURT - Criminal Action Number 3:96-CR-268-P
www.brodenmickelsen.com, 11 May 2006 [cached]
XXXX XXXX XXXX,
...
First, pursuant to U.S.S.G. ¤ 4A1.3, the Probation Department notes that Ms. XXXX' criminal history category (Category V) may significantly over-represent the seriousness of her criminal history.
...
Second, the Probation Department notes that Ms. XXXX' post traumatic stress disorder may have contributed to her commission of the instant offense thereby making her eligible for a downward departure pursuant to U.S.S.G. ¤ 5K2.13. See PSR at 79.
For the grounds set forth in the PSR and elaborated upon below, defense counsel submits that a downward departure is very appropriate in this case. Defense counsel urges this Court to depart horizontally to Criminal History Category III and depart vertically five levels to Offense Level 8. This results in a guideline imprisonment range of 6-12 months. Nevertheless, because the guideline range after the departure would fall in Zone B of the Sentencing Guidelines, the Court could place Ms. XXXX on probation conditioned on home detention or community confinement. See U.S.S.G. ¤ 5C1.1(c).
As will be obvious, Ms. XXXX is in desperate need of psychological counseling and drug counseling. Undersigned counsel submits that such programs are more likely to be successful if conducted in connection with community confinement as opposed to prison. This will allow Ms. XXXX to learn to overcome her post traumatic stress while functioning in society. Therefore, counsel submits that a sentence of five years probation conditioned on twelve months community confinement, extensive psychological counseling and drug counseling is appropriate.
I. BACKGROUND
Prior to July 25, 1990, XXXX XXXX lived, more or less, a typical middle class lifestyle. She married young, at age seventeen, after becoming pregnant with her first child, Michael XXXX, Jr. See PSR at ¦ 49. After five years, that marriage ended in divorce and Ms. XXXX took custody of Michael.
...
Id.
Following her separation from Michael XXXX, Sr., Ms. XXXX became romantically involved with Mark Guzy.
...
Id. at ¦ 50.
...
Throughout this time, Ms. XXXX worked and was the priXXXX wage earner. As noted in the PSR, she worked as a salesperson at Access Unlimited from 1986 to 1990. Id. at ¦ 59. During this time, Ms. XXXX also took various courses. In 1988, she trained as a bank teller with Advanced Career Training. Id. at ¦ 56. In 1989, she trained as a medical assistant at the National Education Center. Id. As part of her medical assistant training, Ms. XXXX left her job at Access Unlimited and took a job as a nursing assistant with Hillcrest Manor Nursing Home. Id. at ¦ 58.
Prior to July 25, 1990, Ms. XXXX had only one prior conviction for writing an insufficient fund check. Id. at ¦ 25. Ms. XXXX had been placed on six months probation and successfully completed the probation. Id. While Ms. XXXX admits that she experimented with marijuana and cocaine prior to July 25, 1990, she was definitely not a regular drug user or dependent upon drugs.
On July 25, 1990, at age 26, Ms. XXXX' life, as she previously knew it, ceased to exist. Earlier that week, she and Mr. Guzy had left Dallas to vacation in Puerto Vallarta, Mexico. At dinner, on July 24, 1990, Ms. XXXX had a heated dispute with a hotel waiter over a food order. Then, on the afternoon of July 25, 1990, the hotel employee and another unidentified male came to Ms. XXXX' hotel room and knocked on the door. As Mr. Guzy slept, Ms. XXXX answered the door.
...
The hotel employee proceeded to pull Ms. XXXX from the room, hit her in the face and rip her clothes off. He then attempted to rape her. In her effort to escape the would be rapist and the other male, Ms. XXXX climbed over a small, ivy covered wall thinking that there was a platform to support her on the other side. Unfortunately, the wall was part of the hotel's atrium design and Ms. XXXX, whose clothes had been ripped off, plunged five stories and landed naked in the hotel lobby. See Attachment A (picture showing fall).
Following her fall, Ms. XXXX was rushed to a Mexico hospital. She suffered five compressed vertebrae, one of which punctured her spleen and left kidney resulting in the loss of the kidney. Id. at ¦ 52. She also suffered six broken ribs, a broken left ankle and a broken left wrist. Id. The fact that Ms. XXXX lived at all has been described as "a miracle. Id. at ¦ 11.
After being "held hostage" for a $7,000 medical bill in Mexico, Ms. XXXX' father, through the intercession of a member of the Texas House of Representatives, arranged for a $7,500 care flight to take Ms. XXXX from Mexico to Parkland Hospital in Dallas. Id. at ¦ 52. Ms. XXXX had two stays at Parkland Hospital, the first for approximately ten days and the second for approximately four days. Ms. XXXX was also hospitalized at Wylie Community Hospital for injuries that occurred during the attempted rape. In total, Ms. XXXX underwent five surgeries, including three outpatient surgeries at Dallas Family Hospital. In addition, she underwent extensive physical therapy to be able to walk again and to be able to use her left wrist. Ms. XXXX' medical bills, excluding Parkland Hospital where a bulk of the services were performed, totaled $37,794.
While Ms. XXXX was able to heal physically, she did not heal emotionally. Indeed, Ms. XXXX had totally repressed the assault and had to be hypnotized in order to recall the traumatic events of July 25, 1990. See Attachment B (Report of Harold B. Crasilneck, Ph.D.).
...
Ms. XXXX was ultimately diagnosed with manic depression and post traumatic stress disorder arising out of the brutal attack. See PSR at ¦ 54.
As a result of her physical injuries and emotional problems, Ms. XXXX was unable to return to work following her release from the hospital. In January 1991, the Social Security Administration awarded her benefits of $367 per month as a result of her depression. Id. Nevertheless, because Ms. XXXX was unable to work, she lost her home to foreclosure in October 1990.
The loss of the family home made a precarious situation even worse. She and her family then moved into her grandparents' home that had been vacant. This was a home in which Ms. XXXX had been molested by her late grandfather until the time she was approximately ten years old. Thus, while having to deal with the emotional problems caused by the brutal attack in Mexico, Ms. XXXX next found herself confronted by horrible memories in every corner of her new home.
Ms. XXXX' mental condition continued to deteriorate, although she did not seek counseling. Instead, she turned to drugs and began to self medicate. This produced a catch-22 situation wherein the drugs caused Ms. XXXX to avoid confronting her emotional problems and avoid counseling. As noted by the Probation Department, "[a] common aspect of the symptomatology of the post traumatic stress disorder is self medication with drugs and/or alcohol. Id. at ¦ 79. It was then that Ms. XXXX' serious criminal problems began. Ms. XXXX had one theft by check conviction in 1991. Id. at ¦ 26. Thereafter, beginning in 1992, Ms. XXXX had multiple arrests and convictions, mostly all involving the use of bad checks and false identifications. Id. at ¦¦ 27-34, 42-46. She also was convicted of prostitution and drug possession, both in 1996. Id. at ¦¦ 35-36.
Of Ms. XXXX' eleven criminal history points, eight are connected with the various bad check convictions, two with her prior drug conviction and one with her prior prostitution conviction. Id. at ¦¦ 26, 28, 30, 32, 34-36. Nevertheless, despite Ms. XXXX' several encounters with the criminal justice system, she has never been given psychological counseling and it has never been a condition of her probation.
It is difficult to appreciate what XXXX XXXX went through on July 25, 1990 and everyday thereafter. However, Ms. XXXX now recognizes that she needs psychological counseling in order to help her cope with the post traumatic stress disorder, including the problem of self medicating with drugs, and live in society.
II. DISCUSSION
In this case, as noted above, the Probation Department has identified two grounds for a downward departure. "It is important...to realize that departures are an important part of the sentencing process because they offer the opportunity to ameliorate, at least in some aspects, the rigidity of the Guidelines themselves. District judges, therefore, need not shrink from utilizing departures when the opportunity presents itself and when circumstances require such action to b
UNITED STATES DISTRICT COURT
www.brodenmickelsen.com, 1 July 1994 [cached]
XXXX XXXX,
...
,A. U.S.S.G. ¤ 2F1.1(b)(4) is inapplicable
...
,XXXX XXXX is currently sixty years old.See Presentence Investigation Report (the "PSI") at ¦¦ 42, 47.When he was seventeen years old, Mr. XXXX and his family immigrated to the United States from Europe.Id. at ¦ 42.
,In 1965, Mr. XXXX and his brothers founded Witko Engineering ("Witko") in Gardena, California.Id. at ¦ 53.
...
Mr. XXXX was Vice-President of Witko.
...
Mr. XXXX then had preliminary discussions with Earl Nishiyama, an MDC engineer, regarding the discrepancy and Mr. XXXX was told by Mr. Nishiyama that MDC's source inspector would likely "buy off" (i.e. approve) what Mr. XXXX believed to be the only remaining unapproved discrepancy (i.e. the oversized holes).
...
Mr. XXXX then had preliminary discussions with Earl Nishiyama, an MDC engineer, regarding the discrepancy and Mr. XXXX was told by Mr. Nishiyama that MDC's source inspector would likely "buy off" (i.e. approve) what Mr. XXXX believed to be the only remaining unapproved discrepancy (i.e. the oversized holes).
...
,A short time before Witko declared bankruptcy, Mr. XXXX and one of his brothers formed another machine shop, Aero Tech Engineering, also in Gardena, California.
...
Following Witkoâs bankruptcy, Mr. XXXX took the nineteen Assemblies with him to Aero Tech. Unlike Witko, however, Aero Tech was unable to become an approved source for MDC.Mr. XXXX and his brother were told at or about the time Aero Tech Engineering was formed that MDC was generally not approving new businesses as approved sources.
...
Mr. XXXX followed Mr. Groffâs suggestion.Mr. XXXX did not realize at the time that parts produced by an approved source (i.e. Witko) could only be sold to the original equipment manufacturer (i.e. MDC) pursuant to FAA regulations.
...
,In the meantime, Mr. XXXX and his wife were forced to declare personal bankruptcy.Thus, in a short time span, at the age of fifty-eight, Mr. XXXX lost his business, his home and his life savings and was forced to start over in life.In August of 1993, the XXXXs moved to Argyle, Texas in order to move in with their daughter and son-in-law, Linda and Nathan Green. ,Shortly upon arriving in Texas, Mr. XXXX went to work as a machinist for West Precision Machining.
...
Id. at ¦¦49-50.Mr. XXXX is still employed by Campbell Grinding and Machine and is considered to be an "exemplary employee."
...
,Following his move to Texas, Mr. XXXX's daughter and son-in-law also founded Deutsch Precision.His son-in-law described Deutsch Precision as "a place for XXXX to work part-time as a machinist in a one man shop."
...
In other words, it was a place for Mr. XXXX to putter around when he got off from work and where, hopefully, he could build up a small business.
,At some point in early to mid 1994, Linda Green learned of the Witko parts that her father had on consignment in California.
...
Id.Both Linda and Nathan Green encouraged Mr. XXXX to contact Dallas Aerospace in order to learn whether Dallas Aerospace might be interested in the Witko parts that were on consignment with DelToro Machine, Inc. in California.
...
Id.Significantly, other than putting the parts on consignment with DelToro Machine, Inc. upon the advice of his bankruptcy attorney, Mr. XXXX had taken no other steps to sell the spare Witko parts prior to the time he was encouraged by his daughter and son-in-law to contact Dallas Aerospace.
,Upon contacting Dallas Aerospace in July of 1994, Mr. XXXX was put in contact with Dallas Aerospaceâs Quality Control Manufacturer, J.R. Hoffman.
...
However, as also noted above, Mr. XXXX did not know about the FAA regulation requiring approved sources to only sell parts to the original equipment manufacturer (in this case McDonald Douglas).Rather than simply telling Mr. XXXX that he could not sell the parts in question to Dallas Aerospace as a result of the FAA regulation, J.R. Hoffman contacted the FAA and the FAA proceeded to set up a sting operation.Indeed, had Mr. Hoffman told Mr. XXXX about the FAA regulation, there is no doubt whatsoever in the undersigned counsel's mind that Mr. XXXX would have simply walked away.
...
,As a result of negotiations between Mr. XXXX and Hoffman, operating in an undercover capacity, Mr. XXXX arranged for the nineteen Assemblies to be brought to Texas from California.
...
,As a result of negotiations between Mr. XXXX and Hoffman, operating in an undercover capacity, Mr. XXXX arranged for the nineteen Assemblies to be brought to Texas from California.
...
See, e.g., Transcript of July 11, 1994 conversation between XXXX XXXX and J.R. Hoffman (attached hereto as Exhibit I) at 1-2.
...
Prior to buying the Assembly, Mr. XXXX arranged for an area company to produce bushings for the Assembly and for the Assembly to be packaged to military specifications.
,As an example of Mr. XXXX's naivete, he actually had his daughter call MDC to try to learn of a Dallas entity that could penetrate inspect the Assembly he was selling to Dallas Aerospace.
...
When such inquiries were unsuccessful, Hoffman, in order to ensure Mr. XXXX was successfully snagged, magnanimously recommended a local company, Dalfort Corporation, that could do the penetrate inspection.
...
Id. at 1-2.
,In addition to suggesting a company to penetrate inspect the Assembly, Hoffman also requested that Mr. XXXX provide a certificate of compliance reflecting how the Assembly in question was manufactured and processed.
...
See, e.g., Letter from J.R. Hoffman to XXXX XXXX (attached hereto as Exhibit K).
...
Hoffman rejected the first two sample certifications Mr. XXXX offered to supply (see samples (attached hereto as Exhibit L)), but Hoffman finally approved a Certificate of Compliance that now contains the false statement forming the count of conviction in the instant case.
...
Hoffman rejected the first two sample certifications Mr. XXXX offered to supply (see samples (attached hereto as Exhibit L)), but Hoffman finally approved a Certificate of Compliance that now contains the false statement forming the count of conviction in the instant case.
...
,The Certificate of Compliance at issue specifies that the Assembly that was sold was processed to MDC specifications.Id. While Mr. XXXX believed the Assembly to be completely airworthy, the Assembly was not, in fact, fully processed to MDC specifications because of the four above-mentioned discrepancies between the part and the MDC blueprint (at least one of which Mr. XXXX knew had not actually been "bought off" by MDC).
...
, Significantly, Mr. XXXX also provided numerous certifications obtained in the production process for the part.See various certifications (attached hereto as Exhibit N).Included with the Certifications was a Witko inspection report that actually referenced the four discrepancies.See Witko Inspection Report (attached hereto as Exhibit O).Thus, while the Certificate of Compliance from Deutsch Precision admittedly did not reference any discrepancies and certified that the Assembly was processed to MDC specifications, the discrepancies were noted in the Witko inspection report that was also provided to Dallas Aerospace with the Assembly.
,As pointed out in the government's application for a search warrant, the Certificate of Compliance also certified that the Assembly had been delivered by an MDC truck.
...
The government apparently found this to be significant even though everybody obviously knew that Mr. XXXX's son-in-law, and not an MDC truck, delivered the part to Hoffman.
...
Mr. XXXX, a respected machinist who never committed a crime in sixty years (see PSI at ¦¦ 36-41), decided to sell a spare part in order to earn extra cash.Mr. XXXX firmly believed the part was airworthy, despite minor discrepancies; and believed he had the legal right to sell the part because he made it.Moreover, had Hoffman ever told Mr. XXXX that he was not able to sell the part to any entity other than MDC, Mr. XXXX surely would have walked away.Instead, Hoffman encouraged Mr. XXXX's offense at every turn by suggesting a local company to assist in conducting a penetrate inspection of the Assembly and by insisting on specific language for the Certificate of Compliance.
...
Mr. XXXX admits providing Hoffman the Deutsch Precision Certificate of
Other People with the name "Xxxx":
Other ZoomInfo Searches
Accelerate your business with the industry's most comprehensive profiles on business people and companies.
Find business contacts by city, industry and title. Our B2B directory has just-verified and in-depth profiles, plus the market's top tools for searching, targeting and tracking.
Atlanta | Boston | Chicago | Houston | Los Angeles | New York
Browse ZoomInfo's business people directory. Our professional profiles include verified contact information, biography, work history, affiliations and more.
Browse ZoomInfo's company directory. Our company profiles include corporate background information, detailed descriptions, and links to comprehensive employee profiles with verified contact information.
zirhbt201304