Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States At torney District of Arizona TIMOTHY F. ANDREWS Assistant U.S. Att orney 780 E. 39th Place Yuma AZ 85365 Arizona State Bar No. 021658 Telephone (928) 344-9550 Email: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff-Res ponden t, v. Alvaro Reyes-Ramirez, Defend ant-Mo vant. The United States of America, by and through undersigned counsel, hereby informs the Court that it received a recording of Defendant's deportation hearing dated March 13, 1995 on September 6, 2005. The Court had previously ordered the Government to produce a transcript of the hearing, but the Government was unable to ob tain the recording before the August 31st deadline set in the Court's order. The Government filed its supplementary response without the benefit of having the recording and conceded the issue of waiver. The Government has since listened to the recording and informs the Court that Defendant was in fact advised of and declined his right to seek a waiver of deportation, contrary to what Defendant claims. The Government will be able to produce a transcript of the hearing should the Court be in clined to re-open the issue of waiver when deciding the disposition the 28 U.S.C. § 2255 motion. Respectfully submitted this 8th day of September 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Timothy Francisco Andrews TIMOTHY FRANCISCO ANDREWS Assistant United States Attorney CR 03-0734-PHX-ROS CV-04-2037-PHX-ROS(LOA) NOTICE OF RECEIPT OF DEPORTATION HEARING RECORDING RE: 28 U .S.C. § 2255 MOTION

Case 2:03-cr-00734-ROS

Document 42

Filed 09/08/2005

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CERTIFICATE OF SERVICE I hereby certify that on Sep tember 8, 2005, I m ailed the attached document to the following, who are not registered participants of the CM/ECF filing system: Alvaro Reyes-Ramirez Prisoner No. 61 803-208 FCI Milan MI P.O. Box 1000 Arkona Road Milan, Michigan 48160 s/ Timothy Francisco Andrews TIMOTHY FRANCISCO ANDREWS Assistant United States Attorney

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Case 2:03-cr-00734-ROS

Document 42

Filed 09/08/2005

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