Free Motion for Clarification - District Court of Colorado - Colorado

Case 1:03-cr-00495-WDM

Document 363

Filed 01/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No. 03-cr-00495-WDM UNITED STATES OF AMERICA, Plaintiff, vs. 1. FREDERICK DEBERRY, 2. RODERICK L. LACKEY, 3. PAUL TALIFERO, Defendants.

MOTION FOR CLARIFICATION OF MINUTE ORDER (DOCUMENT 362)

COMES NOW, the Defendant Roderick Lackey, by and through his CJA appointed counsel, R. Scott Reisch, and hereby moves for clarification of the Minute Order (Document 362) issued January 3, 2007, more specifically Document Number 362. 1. On January 3, 2007 the Court issued a Minute Order stating that the trial

date is vacated and that a status conference hearing will be held on January 12, 2007 at 3:00 p.m. 2. Undersigned counsel is not certain if this Minute Order applied to both

remaining co-defendants, Mr. Frederick Deberry and Mr. Roderick Lackey. Mr. Deberry's counsel had filed a Motion to Continue previously. However, the Minute Order appears to reflect all three defendants.

Case 1:03-cr-00495-WDM

Document 363

Filed 01/04/2007

Page 2 of 3

3.

A motions hearing was scheduled for December 21, 2006 at 9:00 a.m. to

resolve motions in the above referenced matter. However, due to the courthouse being closed because of a blizzard the matter was vacated. 4. Undersigned counsel departed the state on December 22, 2006 and

returned on January 1, 2007. 5. Undersigned counsel has spoken with Assistant United States Attorney

Joshua Stein and both counsel agree that the motions hearing in this matter needs to be resolved prior to trial. Assistant United States Attorney Stein has no objection to the trial of Mr. Lackey being continued. 6. Undersigned counsel, on behalf of Mr. Lackey, respectfully moves this

Court to continue the trial date currently set for January 29, 2007. 7. Undersigned counsel respectfully requests that Mr. Lackey be included for

the status conference on January 12, 2007 at 3:00 p.m. and that new motions and trial dates be set at that time. WHEREFORE, undersigned counsel respectfully requests that the Court vacate the trial date and hear this matter on January 12, 2007 at 3:00 p.m. Dated this 4th day of January, 2007. Respectfully submitted,

s/ R. Scott Reisch R. Scott Reisch 370 17th Street, Suite 5380 Denver, CO 80202 Telephone: (303) 291-0555 FAX: (720) 904-5797 E-mail: [email protected] [email protected] Attorney for Defendant Rodgerick L. Lackey

Case 1:03-cr-00495-WDM

Document 363

Filed 01/04/2007

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CERTIFICATE OF SERVICE I hereby certify that on January 4, 2007, I electronically filed the foregoing MOTION FOR CLARIFICATION OF MINUTE ORDER (DOCUMENT 362) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
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David M. Conner [email protected],[email protected],Barbara.Gardalen@ usdoj.gov Mark Cameron Johnson [email protected] Michael J. Norton [email protected],[email protected],[email protected] Joshua Gramling Stein [email protected],[email protected],Diana.Brown@usdoj. gov,[email protected],[email protected]

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s/R. Scott Reisch R. Scott Reisch Attorney for Defendant Rodgerick L. Lackey The Reisch Law Firm, LLC 370 17th Street, Suite 5380 Denver, CO 80202 Telephone: (303) 291-0555 FAX: (720) 904-5797 E-mail: [email protected] [email protected]