Free Motion to Excuse - District Court of Colorado - Colorado

Case 1:01-cr-00304-WYD

Document 73

Filed 02/12/2008

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action No. 01-cr-00304-WYD UNITED STATES OF AMERICA, Plaintiff, vs. 1. ROBERT EARL CHARLTON,

Defendant. ______________________________________________________________________________ MOTION TO WAIVE APPEARANCE ______________________________________________________________________________ Defendant, Robert Earl Charlton, by counsel, and pursuant to Fed. R. Crim. P. 43(b)(4), moves the Court to waive his appearance for the hearing set for Friday, February 22, 2008, at 2:30 p.m. on the motion to amend/correct judgment for revocation pursuant to Fed. R. Crim. P. 35(a), filed December 25, 2007 (docket #60). As grounds for this request, Mr. Charlton states that he does not wish to attend the hearing and specifically waives his appearance at the hearing. Mr. Charlton understands his right to attend and, being so advised, waives that right. Rule 43(b)(4) provides that a defendant need not be present when the proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C. § 3582(c). Here, the matter concerns only the correction of the sentence imposed upon revocation of supervised release on December 13, 2007. WHEREFORE, Mr. Charlton respectfully requests that he be permitted to waive his presence at the hearing set for Friday, February 22, 2008, at 2:30 p.m. on the motion to

Case 1:01-cr-00304-WYD

Document 73

Filed 02/12/2008

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amend/correct judgment for revocation pursuant to Fed. R. Crim. P. 35(a), filed December 25, 2007 (docket #60). Dated: February 11, 2007 MARTHA H. ESKESEN, P.C.

s/Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] Attorney for Robert Earl Charlton

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on February 11, 2008, I electronically filed the foregoing MOTION TO WAIVE APPEARANCE, with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Phil Brimmer, AUSA Linda McMahan, AUSA [email protected] s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] Attorney for Robert Earl Charlton

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Case 1:01-cr-00304-WYD

Document 73

Filed 02/12/2008

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