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

Case 1:04-cr-00403-LTB

Document 842

Filed 06/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Lewis T. Babcock

Case Number: 04-cr-00403-LTB

UNITED STATES OF AMERICA, Plaintiff,

v.

7. RAMON ZAPATA

Defendant.

DEFENDANT RAMON ZAPATA'S MOTION FOR SUBSTITUTE COUNSEL TO APPEAR AT JUNE 30, 2006 STATUS/TRIAL PREPARATION CONFERENCE ________________________________________________________________________

COMES Now the Defendant Ramon Zapata, by and through his undersigned counsel, Ronald Gainor who files this Motion For Substitute Counsel to Appear at June 30, 2006 Status/Trial Preparation Conference and in support would state the following; 1. This matter is currently set for a Status/Trial Preparation Conference on June 30, 2006 at 7:30 a.m. 2. Although a Notice of Disposition was filed on behalf of Ramon Zapata on June

26, 2006, this Court has ordered the defendant and undersigned counsel attend the Status/Trial Preparation Conference in order to set a Change of Plea Hearing.

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Case 1:04-cr-00403-LTB

Document 842

Filed 06/27/2006

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3.

Undersigned counsel is currently in trial in Miami, Florida in the matter of

State of Florida v. Pedro Millan, Case Number F04-04529B. This trial is expected to last through Friday, June 30, 2006. Consequently, undersigned counsel will be unavailable for the proceedings set that day in the matter of United States of America v. ZapataHernandez, et al. 4. Based on these circumstances, counsel for Ramon Zapata requests that this

Honorable Court allow Richard Banta, counsel for co-defendant, Jose Alfredo Zapata, to appear on behalf of the undersigned at the Status/Trial Conference. To this end,

undersigned counsel has discussed his availability for a Plea Hearing with Mr. Banta, who will be able to schedule said matter in counsel's absence. The defendant will be present for the hearing and has no objection to this substitution request. Wherefore, based on the above and foregoing, undersigned counsel for Defendant Ramon Zapata moves this Honorable Court for an Order allowing for substitute counsel to attend the June 30, 2006 Status/Trial Conference in the above-captioned matter. Dated this 27th day of June, 2006

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646(phone) (303) 447-0930 (Facsimile) [email protected] Attorney for Ramon Zapata

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Case 1:04-cr-00403-LTB

Document 842

Filed 06/27/2006

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that I have electronically filed the foregoing Motion For Substitute Counsel to Attend June 30, 2006 Status/Trial Preparation Conference on this 27th day of June, 2006 with the Clerk of the Court using the ECF system which will send notification of such filing to the following e-mail addresses: Mitchell Baker [email protected] James Castle [email protected] Charles Elliott [email protected] Martha Eskesen [email protected] Mark Johnson [email protected] Forrest Lewis [email protected] Lynn Pierce [email protected] Stephanis Podolak [email protected]

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Case 1:04-cr-00403-LTB

Document 842

Filed 06/27/2006

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Scott Poland [email protected] Michael Root [email protected] John Sullivan [email protected] Richard Tegtmeier [email protected] Neil MacFarlane [email protected]

s/ Ronald Gainor

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