UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 THE UNITED STATES OF AMERICA, vs. Plaintiff, ROBERTA LYNN MARKISHTUM, Defendant. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Case No.: CR-0-0--LRS DEFENDANTS MOTION TO AMEND JUDGMENT AND UNDER U.S.C. AND/OR RULE COMES NOW, the defendants by and through the undersigned counsel and moves the court for an order amending the Judgment and Sentence in this matter to impose no term of imprisonment and, in lieu of imprisonment, to require the defendant to reside for four ( months at a Residential Reentry Center as a special condition of her term of supervised release. This motion is brought pursuant to U.S.C. or, alternatively, under Rule and is based upon the attached declaration of counsel. DEFENDANTS MOTION W. First Ave. # (0 -

2 Dated this nd day of September, 0. s/ WSBA #11 Attorney for Defendant, P.S. W. First Avenue, Suite #0 Telephone: (0 - Fax: (0 - rdwallps@comcast.net DEFENDANTS MOTION - - W. First Ave. # (0 -

3 DECLARATION OF COUNSEL I,, attorney for defendant, Roberta Markishtum, make the following declaration in support of the above motion. On July, 0, this court sentenced Ms. Markishtum to serve a term of imprisonment of four months and a term of supervised release of 1 year. The court also recommended that Ms. Markishtum be allowed to serve her sentence at Geiger Correctional Center in Airway Heights, Washington. At this time, the Bureau of Prisons is no longer accepting female prisoners at Geiger Correctional Center. Ms. Markishtum has been ordered to report to Victorville, California, on September, 0 to serve her sentence. Being required to serve her sentence at Victorville, California, will impose a severe hardship on Ms. Markishtum and her family. The cost of transportation to California will create a financial hardship for Ms. Markishtum her family as they have limited income. Although Ms. Markishtum can turn herself in to the local Marshal s office, doing so will result in her receiving additional points toward the calculation of her security level, which may adversely affect the conditions under which she is incarcerated. In addition, being incarcerated in Victorville, DEFENDANTS MOTION - - W. First Ave. # (0 -

4 California, will preclude visitation by any of Ms. Markishtum s family from the Spokane area due to the time and expense needed to travel to Victorville. To try to avoid these consequences to Ms. Markishtum, I have attempted to contact BOP to determine whether Ms. Markishtum could be designated to a facility in Washington. Those attempts have been unsuccessful. She is requesting that the court amend her sentence to allow her to serve her time locally at Geiger Correction Center, as previously recommended by the court. BOP no longer houses prisoners at Geiger. However, Geiger is a designated BOP Residential Reentry Center. By removing Ms. Markishtum s sentence of imprisonment and imposing as a special condition of supervised release that Ms. Markishtum reside for four months at a Residential Reentry Center, Ms. Markishtum will be able to serve her four months of incarceration at Geiger consistent with this court s recommendation. A similar amendment of judgment and sentenced having a similar effect was entered Judge Van Sickle in the case of United States v. Kevin Lee Ruff, CR FVS on May, 0. I have been in contact with Assistant United States Attorney George Jacobs, III regarding this motion. Mr. Jacobs has indicated that the Government is opposed to the motion. Mr. Jacobs did not indicate whether the Government intends to file a written response. Due to the need for Ms. Markishtum to report to DEFENDANTS MOTION - - W. First Ave. # (0 -

5 BOP on September, 0, she is also requesting an expedited hearing on the motion. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signed at Spokane, Washington, this nd day of September 0. s/ WSBA #11 Attorney for Defendant, P.S. W. First Avenue, Suite #0 Telephone: (0 - Fax: (0 - rdwallps@comcast.net DEFENDANTS MOTION - - W. First Ave. # (0 -

6 CERTIFICATE OF SERVICE I hereby certify that on nd day of September 0, I electronically field the foregoing with the Clerk of the Court using the CM/ECF System which will send notification of such filing to the following: George Jacobs, III, United States Attorney. s/ WSBA #11 Attorney for Defendant, P.S. W. First Avenue, Suite #0 Telephone: (0 - Fax: (0 - rdwallps@comcast.net DEFENDANTS MOTION - - W. First Ave. # (0 -