Free Supplement - District Court of Colorado - Colorado

Case 1:03-cr-00128-WYD

Document 236

Filed 05/07/2007

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Criminal Case No. 03-CR-00128-WYD UNITED STATES OF AMERICA

v. ABRAHAM, f/k/a DANA WEST Defendant.

SECOND SUPPLEMENT TO DEFENDANT'S OBJECTION TO MAGISTRATE JUDGE'S RECOMMENDATION

The Defendant, Abraham, f/k/a Dana West, through counsel, the WALTER L. GERASH LAW FIRM, P.C., and the LAW OFFICE OF JAMES F. SCHERER, P.C., submits his second supplement to Objection to Magistrate Judge's Recommendation for the purpose of bringing to the Court's attention the decision of the U.S. District Court for the District of New Jersey in United States v. Peppi, 2007 WL 674746 (D.N.J., February 28, 2007). In the Peppi decision, as in this case, the defendant was found to be incompetent, and it was further found under 18 USC §4241 that the defendant was not likely to attain competency in the reasonably foreseeable future. Further, the defendant in Peppi was found not to be dangerous within the meaning of 18 USC §4246. The District Court in US v. Peppi undertakes an extended analysis of 18 USC §§4241 and 4246, together with the Bail Reform Act, 18 USC §3142, et seq. Based upon this analysis, the District Court in Peppi finds that 18 USC §3142 does not apply to defendants who are subject to mandatory release under 18 USC §4246. A copy of the US v. Peppi decision is submitted with this Supplement.

Case 1:03-cr-00128-WYD

Document 236

Filed 05/07/2007

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Respectfully submitted this 7th day of May, 2007.

WALTER L. GERASH LAW FIRM, P.C, By: (Original signatures on file in office of attorneys for Defendant) s/ Walter L. Gerash Walter L. Gerash Telephone: 303-825-5400

LAW OFFICE OF JAMES F. SCHERER, P.C. By: s/ James F. Scherer James F. Scherer Telephone: 303-825-3340 1439 Court Place Denver, Colorado 80202 FAX: 303-623-2101 ATTORNEYS FOR DEFENDANT

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Case 1:03-cr-00128-WYD

Document 236

Filed 05/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 7, 2007, I presented the foregoing: SECOND SUPPLEMENT TO DEFENDANT'S OBJECTION TO MAGISTRATE JUDGE'S RECOMMENDATION

to the Clerk of the Court for filing and uploading to the CM/ECF system, which will send notification of such filing to the following: James Hearty, Esq. Gregory Holloway, Esq. Assistant United States Attorneys 1225 ­ 17TH Street, Suite 700 Denver, CO 80202 Dated: May 7, 2007 s /Jessica Sullivan (Original signature on file in office of attorneys for Defendant)

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