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

Case 3:08-mj-02533-RBB

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Filed 08/28/2008

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GREGORY T. MURPHY California State Bar No. 245505 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, CA 92101-5008 (619) 234-8467/Fax: (619) 687-2666 4 E-Mail: [email protected]
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Attorneys for Gregory Alexander Wilson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE RUBEN B. BROOKS) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) GREGORY ALEXANDER WILSON, ) ) Defendant. ) ________________________________________ ) Case No. 08MJ2533 DATE: TIME: September 2, 2008 9:00 a.m.

MOTION FOR STAY OF ORDER OF REMOVAL

Gregory Alexander Wilson, through undersigned counsel Gregory T. Murphy and Federal Defenders of San Diego, Inc., respectfully moves this Court to stay the order of removal signed on August 28, 2008 pending consideration of Mr. Wilson's request for bond. I. PROCEDURAL HISTORY Mr. Wilson was arrested on August 14, 2008 on a warrant issued out of the Eastern District of Michigan. Although the government initially moved to detain Mr. Wilson based on risk of flight, the prosecutor conceded at the first detention hearing that conditions of release were appropriate in his case. Mr. Wilson is a United States citizen with no criminal history, no history of drug use or violence, and extensive ties to both California and Michigan. The Michigan indictment alleges Mr. Wilson conspired with seven other people to commit bank fraud but alleges no overt acts and specifies no loss amount. He is neither a danger nor a ///

Case 3:08-mj-02533-RBB

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Filed 08/28/2008

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flight risk. Nonetheless, the Court set a high bond--$30,000--and ordered that it be secured by the signatures of two financially responsible adults. Mr. Wilson endeavored to comply with the Court's bond. To that end, counsel submitted two proposed surities to the government for consideration. The government indicated that it would not approve the surities, apparently because of a drunk driving conviction. Because the Bail Reform Act does not require the government's approval, because the government's objections to the surities did not seem well taken, because counsel could not locate other surities, and because Mr. Wilson was terrified of the degradation he might suffer while being transferred from jail to jail on the way to Michigan, counsel alerted the government and the Court's clerk that it would ask the Court to approve the surities over the government's objection. In the alternative, counsel planned to ask the court to modify the conditions to permit Mr. Wilson's release on his own recognizance, possibly subject to electronic monitoring. On August 28, 2008, over the course of approximately two hours, counsel appeared on six unrelated matters before this Court. Then, with the permission of the Court's clerk, counsel went to the courtroom of Magistrate Judge Stormes for a change of plea. Upon returning, counsel learned that Mr. Wilson's case had been called while counsel was away, and that the Court signed an order removal without considering Mr. Wilson's proposed sureties. Apparently, a Federal Defender attorney without knowledge of the case had unsuccessfully moved for a continuance. The Court declined to recall Mr. Wilson's case. Instead, the Court set the matter for September 2, 2008 at 9:00. II. MOTION Mr. Wilson moves this Court to stay the order of removal pending consideration of Mr. Wilson's application for bond at the hearing now set for September 2, 2008. Mr. Wilson is an excellent candidate for release on conditions and the government to date has failed to articulate a legal reason he should remain imprisoned. Moreover, due to a mis-communication, the Court did not have an opportunity to hear from /// /// /// ///

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defense counsel to become fully informed of the issues before signing its order. A stay pending consideration of these issues therefore would serve the interests of justice. Respectfully submitted,

DATED:

August 28, 2008

/s/ Gregory T. Murphy GREGORY T. MURPHY Federal Defenders of San Diego, Inc. Attorneys for Gregory Alexander Wilson

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Case 3:08-mj-02533-RBB

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GREGORY T. MURPHY California State Bar No. 245505 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, CA 92101-5008 (619) 234-8467/Fax: (619) 687-2666 4 E-Mail: [email protected]
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Attorneys for Gary Alexander Wilson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE RUBEN B. BROOKS) ) ) Plaintiff, ) ) v. ) ) GARY ALEXANDER WILSON, ) ) Defendant. ) ________________________________________ ) UNITED STATES OF AMERICA, Case No. 08MJ2533

CERTIFICATE OF SERVICE

Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best of his information and belief, and that a copy of the foregoing document has been served this day upon: U.S. Attorney CR [email protected] Respectfully submitted,

DATED:

August 28, 2008

/s/ Gregory T. Murphy GREGORY T. MURPHY Federal Defenders of San Diego, Inc. Attorneys for Gary Alexander Wilson