Free Motion to Quash - District Court of Colorado - Colorado

Case 1:00-cr-00016-RPM

Document 78

Filed 02/21/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CASE NO. 00-cr-00016-RPM UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL ROBINSON, Defendant. _____________________________________________________________________________ MOTION TO QUASH WRIT OF HABEAS CORPUS AND FOR ORDER DIRECTING THE DEFENDANT BE RETURNED TO EL PASO COUNTY _____________________________________________________________________________ The Office of the Federal Public Defender, by and through undersigned counsel, hereby moves that the writ of habeas corpus ad prosequendum directing the defendant be brought to court for his appearance February 13, 2008, in the above captioned matter be quashed. He further moves that the Court order he be returned forthwith to the El Paso County Jail. At the conclusion of the revocation hearing held February 13, 2008, the Court was advised that the defendant had a court appearance scheduled for February 21, 2008, in El Paso County, Colorado, case number 2008CR00081. (This is the case on which the defendant was being detained in the El Paso County Jail when the writ of habeas corpus issued on February 5, 2008.) The Court directed the Probation Officer to file a status report February 22, 2008, regarding the outcome of the February 21, 2008, hearing in the El Paso County case and ordered that the "[defendant . . . be returned to the custody of El Paso County authorities. . ." Docket 77, February 13, 2008.

Case 1:00-cr-00016-RPM

Document 78

Filed 02/21/2008

Page 2 of 3

Counsel received a telephone call from the defendant today, February 21, 2008, indicating that he was still being held at the Jefferson County Jail, and, consequently, had missed his scheduled court appearance in Colorado Springs. Counsel then contacted the courtroom for 4TH Judicial District Judge Robert L. Lowrey, courtroom 12, in El Paso County, and was told that when the defendant did not appear, his preliminary examination was continued to March 20, 2008 at 8:30 a.m. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:00-cr-00016-RPM

Document 78

Filed 02/21/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on February 21, 2008, I electronically filed the foregoing MOTION TO QUASH WRIT OF HABEAS CORPUS AND FOR ORDER DIRECTING THE DEFENDANT BE RETURNED TO EL PASO COUNTY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Robert Brown, Assistant US Attorney email: [email protected] Joseph Mackey, Assistant U.S. Attorney email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Michael Wilson (via email) email: [email protected] Samuel Robinson (via mail) c/o Jefferson County Jail Chad Miller, Esq. Deputy State Public Defender via Fax to (719) 475-1476

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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