Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cr-00016-RPM

Document 69

Filed 01/22/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 00-cr-00016-RPM UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL ROBINSON, Defendant. _____________________________________________________________________________ MOTION TO CONTINUE REVOCATION HEARING _____________________________________________________________________________ The Office of the Federal Public Defender, by and through undersigned counsel, hereby moves to continue the supervised release revocation hearing scheduled for January 24, 2008, at 3:00 p.m. Counsel for the government is not opposed to this motion. On January 9, 2008, Samuel Robinson was ordered to appear by summons at the above date and time. The petition to revoke his supervised release on which the summons was based alleges various so-called Grade C violations, including that the defendant did not notify the probation officer as required about changes of employment and residence, did not work regularly, and disobeyed the probation officer's instructions that he not associate with a motorcycle club. Two things of significance have happened since Mr. Robinson was served with the summons. First, on or about January 15, 2008, Mr. Robinson was arrested on a felony assault charge filed January 7, 2008, in El Paso County, Colorado, case number 2008CR00081. As of today, Mr. Robinson remains in custody at the El Paso County Jail on this charge. It is not known if or when he will make bail, or whether his presence can be secured by writ, so he may be present at this Thursday's revocation hearing.

Case 1:00-cr-00016-RPM

Document 69

Filed 01/22/2008

Page 2 of 3

The second thing that happened is that the Probation Officer filed his Supervised Release Violation report on January 18, 2008. This report, received by counsel the same day as its filing, recommends that Mr. Robinson, if found to have violated the conditions of supervised release, be sentenced to 20 months imprisonment. Because of Mr. Robinson's arrest, and transfer to El Paso County Jail, counsel has not had an opportunity to discuss this Violation Report with him, and how, if at all, his current arrest may effect his situation as it relates to his status on supervised release. In view of these developments, the defendant moves that the revocation hearing be continued to a later date.

Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:00-cr-00016-RPM

Document 69

Filed 01/22/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on January 22, 2008, I electronically filed the foregoing MOTION TO CONTINUE REVOCATION HEARING with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Robert Brown, Assistant US Attorney email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Michael Wilson (via email) email: [email protected] Samuel Robinson (via mail) c/o El Paso County Jail 2739 E. Las Vegas Colorado Springs, CO 80906

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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