Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Monday, August 04, 2008 6:15 PM To: USAFLS-AUSAs District Subject: AUSAs: If you have handled a 1028(a)(4) or (6), please read the attached letter. AUSAs: If you have handled a 1028(a)(4) or (6), please read the attached letter. In short, it appears that in several cases, our Office considered violations of 1028(a)(4) and (a)(6) to be felonies, when in fact they should to be misdemeanors. In those cases, it appears that defense counsel did not object, that the probation office did not spot the problem and that the defendants were sentenced as felons as to that count. In a handful of cases, the 1028 charge was the only charge. We have contacted defense counsel of record, who will be filing motions as early as Tuesday, August S to correct this issue. If you receive one of these motions, please contact Lynn Kirkpatrick (961-9239). She will have a go-by to help develop a response, which we should file expeditiously. Finally, I want to thank the Major Crimes attorneys, particularly Lynn Kirkpatrick, who identified this matter. She and a team of individuals in Major Crimes have been working over the last few days to review our 1028 cases and indentify each affected case. Thanks. Alex. 1028 idgeMoreno 324 EFTA00193622