Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cr-00023-MSK

Document 64

Filed 05/06/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr-00023-MSK-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. SCOTT KIMBALL, Defendant.

GOVERNMENT'S MOTION FOR PERMISSION TO OBTAIN SEALED TRANSCRIPTS

Comes now the United States of America, by and through Troy A. Eid, United States Attorney and David M. Conner, Assistant United States Attorney, and files its Motion for Permission to Obtain Sealed Transcripts. In support of this motion the government avers as follows: 1. The government requests permission to obtain the sealed transcripts for

the Bond Hearing dated December 18, 2002; the Sentencing Hearing dated December 1, 2003; the Hearing on March 10, 2003; and Hearing on November 17, 2004. 2. The government seeks these transcripts to prepare for the scheduled

sentencing of the defendant in Case No. 07-cr-00249-MSK presently set for sentencing on May 28, 2008 at 9:15 a.m., and as a part of an ongoing investigation into other nonrelated matters. WHEREFORE, the government respectfully requests that permission be granted to obtain transcripts of three sealed proceedings. The government was a party to those

Case 1:03-cr-00023-MSK

Document 64

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proceedings and the matters discussed in those proceedings and those proceedings, of course, remain otherwise sealed in accord with the Court's previous orders. This motion is filed as the court reporter feels such an order is appropriate before releasing said transcripts, even to the parties. The government agrees this is the proper and best course of action.

Respectfully submitted, TROY A. EID United States Attorney District of Colorado

By: s/David M. Conner DAVID M. CONNER Assistant U.S. Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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Case 1:03-cr-00023-MSK

Document 64

Filed 05/06/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 6th day of May, 2008, I electronically filed the foregoing GOVERNMENT'S MOTION FOR PERMISSION TO OBTAIN SEALED TRANSCRIPTS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Lynn Pierce, Esq. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]