Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:01-cr-00304-WYD

Document 66

Filed 02/05/2008

Page 1 of 2

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. ______________________________________________________________________________ NOTICE OF SCHEDULING CONFLICT AND REQUEST TO RESCHEDULE HEARING ______________________________________________________________________________ Defendant, Robert Earl Charlton, by counsel, submits the following notice of scheduling conflict and request to reschedule the hearing on his Motion to Amend/Correct Judgment to Revocation Pursuant to Fed.R.Crim.P. 35(a), filed December 28, 2007 (docket #60) and states: 1. By minute order filed February 4, 2008 (docket #65), the Court vacated the hearing

on Mr. Charlton's Motion to Amend/Correct Judgment to Revocation Pursuant to Fed.R.Crim.P. 35(a), filed December 28, 2007 (docket #60), and reset it for February 13, 2008 at 2:30 p.m. 2. Undersigned counsel is unable to appear on February 13, 2008, at 2:30 p.m.

because she is scheduled to appear in the Mesa County Court in Grand Junction, Colorado, at 8:00 a.m. in People v. Vargas, Case No. 07T5486. That matter has previously been continued by the court and no further continuances are allowed. Counsel will drive to and from Grand Junction for that appearance and, with anticipated court and travel time, will not be able to return to Denver in time for a hearing in this matter at 2:30 p.m. on that date.

Case 1:01-cr-00304-WYD

Document 66

Filed 02/05/2008

Page 2 of 2

3.

Accordingly, Mr. Charlton requests that the Court reschedule the hearing on his

Motion to Amend/Correct Judgment to Revocation Pursuant to Fed.R.Crim.P. 35(a) (docket #60) to a later time on February 13, 2008, or another date consistent with the Court and counsels' availability. Dated: February 5, 2008 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 5, 2008, I electronically filed the foregoing NOTICE OF SCHEDULING CONFLICT AND REQUEST TO RESCHEDULE HEARING, 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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