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

Case 1:01-cr-00350-WYD

Document 406

Filed 01/09/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley W. Daniel Criminal Case No. 01-cr-00350-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. JASON M. PRICE, Defendant. ______________________________________________________________________________ GOVERNMENT'S MOTION TO SET STATUS CONFERENCE AND MOTION TO SET TRIAL DATE ______________________________________________________________________________ The United States of America (hereinafter "Government"), by and through its undersigned Assistant United States Attorney, moves the Court to enter an Order setting a status conference (at which the Court and the parties can consider and discuss a possible trial date) and to enter an Order setting a trial date herein, and, as grounds therefor, says: 1. On December 20, 2005, a Federal Grand Jury in the District of Colorado returned a Superseding Indictment herein. This Superseding Indictment added one count (Count Three) of conspiring to import into the United States from a place outside thereof a mixture or substance containing a detectable amount of 3,4-methylenedioxymethamphetamine (MDMA) (commonly known as "Ecstasy"), a Schedule I controlled substance, in violation of Title 21, United States Code, Section 952, 960 and 963. This additional count was based upon evidence previously supplied to the Defendant during discovery proceedings with respect to the original Indictment.

Case 1:01-cr-00350-WYD

Document 406

Filed 01/09/2006

Page 2 of 3

2. On December 20, 2005, the Defendant and counsel appeared before United States Magistrate Judge Boyd N. Boland for arraignment on the Superseding Indictment, with respect to which the Defendant entered a plea of not guilty as to all charges contained therein. 3. Previously, on October 12, 2001, the Court entered an Order granting the Government's Motion for Declaration of Complexity (filed on October 9, 2001). 4. The Government believes that the Superseding Indictment and the evidence supporting it answers and renders moot the issues addressed in the Joint Status Report filed on July 29, 2005. WHEREFORE, the Government respectfully moves the Court to enter an Order setting a status conference in this case, at which status conference the Court and the parties can consider and discuss possible trial dates, and to enter an Order setting a trial date. Respectfully submitted, WILLIAM J. LEONE UNITED STATES ATTORNEY

BY: s/ Joseph T. Urbaniak Jr. JOSEPH T. URBANIAK JR. Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0317 FAX: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:01-cr-00350-WYD

Document 406

Filed 01/09/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 9th day of January, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification to the following e-mail address:

John M. Richilano (Attorney for defendant Marco Antonio Barrera) Email: [email protected]

BY: s/ Joseph T. Urbaniak Jr. JOSEPH T. URBANIAK JR. Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0317 FAX: (303) 454-0401 E-mail: [email protected] Attorney for Government

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