DEFENDANT’S
MEMORANDUM TO THE COURT IN AID OF SENTENCING
Defendant,
Angela Smith, hereby submits this motion and supporting
materials for the court’s review prior to his sentencing
in the instant case.
1.
Ms. Smith has worked steadily over the past two years
as a retail clerk at
Donovan’s Department Store in Oceana. She was laid
off shortly before her arrest on September 4, 2003.
2.
As the letters attached at Appendix A and B demonstrate,
Ms. Smith was a reliable employee of Donovan’s Dept.
Store during her tenure there. The letter from her supervisor
(Appendix A) states that Ms. Smith did an excellent job
while working at the store.
3.
With respect to the Presentence Report filed by U.S. Probation
Officer Mumford, defendant respectfully maintains that
defendant was only a minor participant in the instant
offense, and that consequently her offense level should
be adjusted downward by two points under Guideline 3B1.2,
Mitigating Role. The Commentary to Guideline 3B1.2 clearly
states that "a minor participant means any participant
who is less
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