Free Motion to Expedite - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona DANIEL R. DRAKE Assistant U.S. Attorney Arizona State Bar No. 3781 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-02-1028-PHX-NVW (MHB) Plaintiff, v. Bryan Leland Deal, Defendant. The United States respectfully requests the Court to enter an order resetting the time of the Motion to Reset Competency Hearing to Resolve Scheduling Conflict

15 competency hearing in this case from April 9, 2008, at 10:00 am, to 9:00 am or a time earlier in 16 the day convenient to the court and counsel. Counsel undersigned has a case set before District 17 Judge David G. Campbell for the same date and time as the hearing in this case, U.S. v. 18 Kimberly Davis, CR 03-1012-PHX-DGC. Counsel contacted court personnel at Judge

19 Campbell's court to explore the possibility of resetting the case before Judge Campbell, but that 20 does not appear likely. Counsel attempted unsuccessfully to contact this Court and the Court's 21 clerk to explore resetting the competency hearing to avoid the conflict. 22 Counsel undersigned has spoken with Mark Berardoni, defendant's counsel. He has no

23 objection to setting the hearing earlier in the day on April 9. He will be in trial in Maricopa 24 County Superior Court that day, and requested that this hearing not be set later in the day. 25 Counsel undersigned explained to Mr. Berardoni that he anticipated calling two witnesses

26 from the Federal Medical Center at Butner, North Carolina, to testify by video teleconference. 27 Mr Berardoni has no objection to proceeding in that manner. There is a three hour time 28 difference between Butner and Phoenix.

Case 2:02-cr-01028-NVW

Document 167

Filed 03/28/2008

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For the foregoing reasons, this Court is respectfully requested to enter an order resetting the

2 competency hearing in this case to an earlier time on April 9, 2008. 3 Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this

4 motion or an order based thereon. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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I hereby certify that on March 28, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mark Berardoni S/Daniel R. Drake Daniel R. Drake

Respectfully submitted this 28th day of March, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona /s/Daniel R. Drake DANIEL R. DRAKE Assistant U.S. Attorney

Case 2:02-cr-01028-NVW

Document 167

Filed 03/28/2008

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