Free Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cr-00238-WDM

Document 103

Filed 02/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-CR-238-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. THOMAS P. ORMSBY, Defendant.

GOVERNMENT'S UNOPPOSED MOTION TO RESCHEDULE HEARING ON THE PETITION REGARDING SUPERVISED RELEASE VIOLATIONS

COMES NOW the United States of America, by and through Assistant United States Attorney Patricia W. Davies, and moves this Court to reschedule the hearing on the petition regarding supervised release violations, currently set for February 9, 2007 at 3:00 p.m. The undersigned Assistant United States Attorney has conferred with counsel for the defendant, Thomas P. Ormsby, and the United States Probation Office, and proffers that neither defense counsel nor the assigned probation officer oppose this motion. As grounds therefor, the government states the following: 1. On or about October 17, 2006, the hearing on the petition regarding alleged supervised release violations was scheduled for February 9, 2007 at 3:00 p.m. Given the procedural history of this matter and the nature of the alleged violations, the undersigned counsel believes that the hearing to address the petition will require a moderately lengthy hearing of at least one-half hour duration.

Case 1:01-cr-00238-WDM

Document 103

Filed 02/02/2007

Page 2 of 3

2. The undersigned counsel has the following personal conflict which has prompted the filing of this motion: a. Her husband, who typically picks up their children from school, will be out of town on Friday, February 9, 2007. The children finish school beginning at 3:30 p.m., and undersigned counsel requires at least 35 minutes driving time to reach the school. The undersigned counsel has not been able to find another means to pick up her children on that day. Additionally, the undersigned counsel's oldest child is performing in an oral interpretation/speech event beginning at 1:30 p.m. on February 9, 2007, which undersigned counsel hopes to attend. b. Although another Assistant United States Attorney could be found to cover this hearing at the scheduled time on February 9, 2007, given the procedural history of this matter, the government submits that this matter will be better served through continuity of counsel, and thus requests that the matter be rescheduled. WHEREFORE, the undersigned Assistant United States Attorney respectfully requests that this matter be rescheduled to a day other than February 9, 2007, at the convenience of the Court. Dated: February 2, 2007 TROY A. EID United States Attorney

By: s/Patricia Davies PATRICIA DAVIES Assistant United States Attorney United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303/454-0100 Fax: 303/454-0401 [email protected] Attorney for Government

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Case 1:01-cr-00238-WDM

Document 103

Filed 02/02/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of February, 2007, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO RESCHEDULEHEARING ON THE PETITION REGARDING SUPERVISED RELEASE VIOLATIONS with the clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Virginia Grady [email protected] Jennifer Nuanes [email protected]

s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0403 E-mail: [email protected]

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