Case 3:18-cr-03677-W Document 134 Filed 03/10/20 PageID.1128 Page 1 of 58 1 Devin Burstein (Ca. 255389) Warren & Burstein 2 501 West Broadway, Suite 240 3 San Diego, Ca., 92101 4 (619) 234-4433
[email protected] 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, Case No. 18-cr-3677-W 10 Plaintiff, 11 Sentencing Memorandum v. 12 March 17, 2020 at 9:00 a.m. 13 DUNCAN D. HUNTER, 14 Defendant. 15 16 17 Introduction 18 Duncan Hunter served the United States with honor, courage, and 19 20 distinction. He also broke the law. To reconcile that dichotomy, the defense 21 respectfully suggests the Court impose a sentence consistent with the Guidelines. 22 23 The adjusted offense level is 11 (8-14 months), which places Congressman 24 Hunter in Zone B. The Guidelines provide: “If the defendant is a nonviolent first 25 26 offender and the applicable guideline range is in Zone A or B of the Sentencing 27 Table, the court should consider imposing a sentence other than a sentence of 28 29 imprisonment, in accordance with subsection [] (c)(3).” U.S.S.G. § 5C1.1 cmt. 30 1 Case 3:18-cr-03677-W Document 134 Filed 03/10/20 PageID.1129 Page 2 of 58 1 n. 4 (emphasis added). Subsection (c)(3), in turn, calls for “a sentence of 2 probation that includes a condition or combination of conditions that substitute 3 4 . home detention for imprisonment[.]” U.S.S.G.