Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Arizona State Bar No. 014812 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, CR04-1259-PHX-DGC Plaintiff, v. David Reyes, Defendant . The United States of America, by and through its attorneys undersigned, hereby responds in opposition to Defendant's Motion to Reconsider of August 11, 2005. In his motion to reconsider, the defendant does not point to any facts or law which would call into question the Court's ruling on his motions to suppress. As the Court's order of June 14, 2005, points out, the Defendant's Reply to the Government's Response to His 2nd Supplemental Memorandum to His Motion to Suppress of June 9, 2005, appeared to assume as fact the government's statement of facts. On those facts, the defendant's motions to suppress were properly denied. Should the Court grant the defendant's motion to reconsider, the United States is prepared to introduce the testimony of Avondale Police Detective Herrmann to set forth the facts contained in the government's response to defendant's 2nd supplemental memorandum. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO RECONSIDER.

Case 2:04-cr-01259-DGC

Document 48

Filed 08/17/2005

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Should an evidentiary hearing be set, the United States would request that it be set after August 31, 2005, as undersigned counsel will be out of the office until August 29, 2005, and will require some time to notify Detective Herrmann of the hearing.

Respectfully submitted this 17th day of August 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/Emory T. Hurley EMORY T. HURLEY Assistant U.S. Attorney

CERTIFICATE OF SERVICE

I hereby certify that on August 17, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic 16 Filing to the following CM/ECF registrants:
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Craig Orent 18 [email protected]
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Case 2:04-cr-01259-DGC

Document 48

Filed 08/17/2005

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CRAIG ORENT Assistant Federal Public Defender 850 West Adams Street, Suite 201 Phoenix, Arizona 85007

Case 2:04-cr-01259-DGC

Document 48

Filed 08/17/2005

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