Government'S Response To Defendant'S Letter (Page 2 of 4) in pdf

Government'S Response To Defendant'S Letter Page 2

Case 1:00-cr-00150-WYD

Document 194

Filed 10/02/2006

Page 2 of 4

the court granted the defendant’s motion for a downward departure

from the applicable sentencing guidelines.

The court then trans-

ferred jurisdiction of the defendant’s probation to the Southern

District of Indiana.

In a letter to the court dated September 8, 2006, the

defendant asked the court to “consider reducing [her] felony con-

viction to a misdemeanor.”

She stated in the letter that she has

been making restitution payments and trying to comply with the

other conditions of probation.

She said that because of her

felony convictions, she has been “unable to better [herself] and

the lives of others” and has been “unable to find a better paying

job.”

She claimed that converting her felonies into a misde-

meanor would allow her to vote, to reapply for military benefits,

and “to no longer be considered a felon by society.”

The request should be denied.

There is no legal mecha-

nism by which this court can convert the felonies to which Ms.

Haswell pleaded guilty into a misdemeanor.

She can obtain relief

from the civil disabilities resulting from her convictions only

by a presidential pardon.

United States v. Da Grossa, 446 F.2d

902, 903 (2d Cir. 1971).

That is not to say the government agrees that Ms.

Haswell should receive the kind of relief she is seeking.

The

Government'S Response To Defendant'S Letter Page 2