Free Application for Writ of Habeas Corpus ad Testificandum - District Court of Colorado - Colorado

Case 1:03-cr-00495-WDM

Document 361

Filed 12/29/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr-00495-WDM-1,2 UNITED STATES OF AMERICA, Plaintiff, v. 1. FREDERICK D. DEBERRY, 2. RODGERICK L. LACKEY, a/k/a Roderick Lackey, Defendants.

PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

COMES NOW the United States of America, by and through Joshua Stein, Assistant United States Attorney, and shows this Court that WAYNE WHEELOCK, #04711-089, currently in transit between federal correctional institutions, under the authority of the federal Bureau of Prisons, 1 is a witness in the above-named cause and is to appear forthwith in District Court to give testimony in the above captioned case for trials beginning January 22, 2007, and January 29, 2007, and it is necessary that the witness be present in person. NOW, WHEREFORE, your Petitioner respectfully moves this Court to order a Writ of Habeas Corpus Ad Testificandum to issue from this Court to the United States Marshal for the District of Colorado, or any other United States Marshal, requiring him to serve the writ wherever the witness may be found, and requiring the United States
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The information on the witness' transit status is from the Inmate Locater function of the federal Bureau of Prisons website at www.bop.gov.

Case 1:03-cr-00495-WDM

Document 361

Filed 12/29/2006

Page 2 of 3

Marshal to produce the witness forthwith, for proceedings and appearances upon the charge aforesaid, and to hold him at all times in his custody as an agent of the United States of America until final disposition of the above-named case or until further order of the Court, thereafter to return the witness to the institution wherein now confined.

Respectfully submitted, TROY A. EID United States Attorney

By: s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

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Case 1:03-cr-00495-WDM

Document 361

Filed 12/29/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 29th day of December, 2006, I electronically filed the foregoing PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addressed:
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James A. Castle [email protected] [email protected] David M. Conner [email protected] [email protected];[email protected] Michael J. Norton [email protected] [email protected];[email protected];[email protected] Randy S. Reisch [email protected] [email protected] Joshua Gramling Stein [email protected] [email protected];[email protected] Mark C. Johnson ­ [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non- CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: None

s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

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