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

Case 1:04-cr-00403-LTB

Document 646

Filed 04/04/2006

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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 COMBINED MOTION SEEKING PERMISSION TO WAIVE DEFENDANT'S APPEARANCE AT APRIL 7, 2006 MOTIONS HEARING AND REQUEST FOR TIME TO FILE MOTIONS ________________________________________________________________________

COMES Now the Defendant Ramon Zapata, by and through his undersigned counsel, Ronald Gainor who files this Motion Seeking Permission to Waive Defendant's Appearance at April 7, 2006 Motions Hearing and Request For Time to File Motions and in support would state the following.

1.

On September 21, 2004, an Indictment was returned in the District of

Colorado charging several individuals, including the defendant, Ramon Zapata with various narcotics-related offenses.

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Case 1:04-cr-00403-LTB

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2.

This case was designated to be a complex litigation pursuant to the

government's motion on November 9, 2004. 3. For the last 18 months, Ramon Zapata was represented by attorney Angelica

B. Carreon. This representation was terminated on March 28, 2006 when this Honorable Court allowed Ms. Carreon to withdraw pursuant to a motion she had filed. 4. Undersigned counsel was appointed to represent the defendant on March 28,

2006 and did receive the file and all discovery materials on March 31, 2006. 5. Pursuant to his review of the file, counsel has learned that a hearing is

currently set for April 7, 2006 which will specifically address a joint Motion to suppress Intercepted Wire Communications filed on January 17, 2006 in the above-captioned case (see Doc. 556-1). 6. Defendant Ramon Zapata has contacted undersigned counsel and requested

that he be excused from this upcoming April 7, 2006 motions hearing. The defendant's request is based on the fact that he resides in El Paso, Texas and that travel to the District of Colorado for the April 7, 2006 motions hearing would create and undue hardship for the him. 7. It is based on this contact and supporting justification that counsel now moves

this Honorable Court for permission for such a waiver of appearance for defendant Ramon Zapata. 8. Undersigned counsel would also request that this Court grant him a reasonable

amount of time to review the discovery in this case and file any motions if necessary.

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Case 1:04-cr-00403-LTB

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Wherefore, based on the above and foregoing, undersigned counsel for Defendant Ramon Zapata moves this Honorable Court for an Order waiving the defendant's appearance at the upcoming April 7, 2006 motions hearing and for a reasonable amount of time to file any motions which might be appropriate in this matter.

Dated this 4th day of April, 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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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that I have electronically filed the foregoing Motion Seeking Permission to Waive Defendant's Appearance at April 7, 2006 Motions Hearing and Request for Time to File Motions was filed on this 4th day of April, 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] Richard Banta [email protected] Thomas Carberry [email protected] Lisabeth Perez Castle [email protected] Robert Justin Driscoll [email protected] Charles Elliott [email protected] Jennifer Gedde [email protected]

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Daniel Gerash [email protected] Walter Gerash [email protected] Mark Johnson [email protected] Forrest lewis [email protected] Donald Lozow [email protected] Neil Macfarlane [email protected] Lynn Pierce [email protected] Stephanie Podolak [email protected] Scott Poland [email protected] Michael Root [email protected] Harvey Steinberg [email protected]

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John Sullivan [email protected] Richard Tegtmeier [email protected] E. Richard Toray [email protected] Jonathan Willett [email protected] Earl Wylder [email protected]

s/ Ronald Gainor

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