Free Response to Order to Show Cause - District Court of Colorado - Colorado

Case 1:01-cr-00109-WYD

Document 91

Filed 03/09/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00109-WYD UNITED STATES OF AMERICA, Plaintiff, v. HUMBERTO ORTIZ-ORONA, Defendant, _____________________________________________________________________ RESPONSE OF WYATT ANGELO TO COURT'S ORDER TO SHOW CAUSE _____________________________________________________________________ The government, by Wyatt Angelo, Assistant United States Attorney, hereby responds to the Court's Order to Show Cause as follows: 1. There is never a good excuse for an attorney to fail to appear at a previously set matter or hearing and the undersigned accepts full responsibility for this omission. 2. I deeply apologize to the Court, Counsel, the defendant, and the Probation Department for any inconvenience engendered by my error. 3. In mitigation of any sanction the Court would impose, the undersigned would only state the following: a. Failing to appear as required has never been characteristic of my manner of practice in 33 years of practice before the state and federal courts of Colorado. The failure to appear is as abhorrent to myself as it is to the Court.

Case 1:01-cr-00109-WYD

Document 91

Filed 03/09/2006

Page 2 of 3

b.

As is my weekly practice, I reviewed the published docket of the Court at the beginning of the week March 6th and in conformity with my own (obviously incomplete) calendar, did not observe any District Court hearings for the week. However, after further review on this date, I failed to notice, that Judge Daniel's docket was not included in the docket published by the Court and faxed to the Grand Junction Office of the United States Attorney on Friday, March 3rd.

c.

As a system of double checking court settings, the support staff of the Grand Junction Office of the United States Attorney has maintained an updated a master docket of settings involving attorneys in the office. However, the Grand Junction Office of the United States Attorney has been without support staff since January 31st, (save a part-time student intern) due to the retirement of paralegal Dorothy Salvatore.

4.

The undersigned accepts as appropriate any sanction the Court would impose. Respectfully submitted, WILLIAM J. LEONE United States Attorney

s/Wyatt B. Angelo Wyatt B. Angelo Assistant United States Attorney 400 Rood Avenue, Suite 220 Grand Junction, Colorado 81501 Telephone: 970-257-7113 Fax: 970-248-3630 E-mail: [email protected] Attorney for the Government

Case 1:01-cr-00109-WYD

Document 91

Filed 03/09/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 9th day of March, 2006, I electronically filed the foregoing RESPONSE OF WYATT ANGELO TO COURT'S ORDER TO SHOW CAUSE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Edward J. Nugent [email protected]

s/Dorothy Burwell DOROTHY BURWELL Legal Assistant to Wyatt Angelo United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: 303-454-0100 Fax: 303-454-0400 E-mail: [email protected]