Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Enrique Cortez-Rubio, Defendant.

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CR 03-131-PHX-EHC O R D E R

A Pretrial Conference was held May 17, 2005.

The

Government appeared by Assistant U.S. Attorney Joseph Koehler and Defendant appeared pro se. The transcript of the The trial was set for May

proceedings is filed as Dkt. 190. 24, 2005.

During the Pretrial Conference there was a discussion concerning Defendant's Motion to Dismiss the proceedings (Dkt. 114) and notice of prosecutorial alleged misconduct of the U.S. Attorney. (Dkt. 179). During the conference AUSA Koehler stated "I assume you're granting the Defendant's Motion to Dismiss, and of

Case 2:03-cr-00131-EHC

Document 198

Filed 12/02/2005

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course I'll ask for a stay of that pending the Government's appeal of the decision:" THE COURT: Well, I don't know whether that's - - I guess you get the stay from the Ninth Circuit maybe. MR. KOEHLER: I'm not sure if that comes from you or the Ninth Circuit. THE COURT: Well, I'll be here and they'll be there. So that's my Order for today. And I'll vacate the trial setting for next week. Defendant inquired: So are you going to discuss my case or am I still going to trial: THE COURT: I've continued the trial - - vacated the trial for next week while Mr. Koehler decides what he is going to do by way of this case whether it should be stayed. And if so how or why. And the matter - - Mr. Koehler has a right to appeal to the Ninth Circuit. And so pending some order of release there, you will remain in custody pending that time. The Defendant's Motion "concerning misconduct of the U.S. Attorney" was denied as legally frivolous (Dkt. 190, p.16). At the conclusion of the Pretrial Conference, the parties were advised: You can submit a proposed form of Order, and you can also submit a proposed form of Order, based on my rulings today, and then if necessary we can address those matters. All right. Defendant requested a transcript of this hearing and an order was entered for that purpose. Defendant filed a Notice of Appeal (Dkt. 192) June 7, 2005, from the Court's Order of May 17, 2005, "to strike off, Motion in Objection to Prosecutorial Misconduct." stated: ...This appeal will be based on a complaint of poor Judicial integrity, on behalf of District Court Senior Judge, Honorable Earl H. Carroll, on behalf of Assistant United States Attorney, Mr. Joseph E. Koehler and in addition Ineffectual Assistance of Counsel on behalf of, previous Court approved Defense Counsel, Mr. Douglass E. Passon.
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The Notice

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No further Motions or Appeals have been filed. remains in custody of the U.S. Marshal. that there is an INS detainer on file.

Defendant

The Court is advised

The Minute Entry dated May 17, 2005, provides as follows: IT IS ORDERED granting Defendant's Motion to Dismiss [doc. 170]. Defendant requests to file a memorandum to answer Govt's questions regarding relief. Court denies the request. IT IS ORDERED denying Defendant's Motion for Prosecutorial Misconduct [doc. 179] as legally frivolous. IT IS ORDERED vacating the 5/17/05 pretrial conference and the 5/24/05 trial date. Defendant requests a copy of the transcript. Court grants the request and orders that the transcript of this proceeding be filed and defendant receive a copy. Defendant's Appeal (Dkt. 192) is pending before the Ninth Circuit. Accordingly, IT IS ORDERED setting a status hearing for the 20th day of December, 2005, at 10:00 a.m. with AUSA Joseph E. Koehler and Defendant to be personally present. IT IS FURTHER ORDERED that a copy of this Order be sent to the U.S. Marshal. DATED this 1st day of December, 2005.

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