Free Motion to Expedite - District Court of California - California

Case 5:07-cr-00501-JF

Document 27

Filed 08/24/2007

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BARRY J. PORTMAN Federal Public Defender NICHOLAS P. HUMY CYNTHIA LIE Assistant Federal Public Defenders 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant ABD HIR

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I, Nicholas P. Humy, hereby declare: 1. I am an Assistant Federal Public Defender for the Northern District of California, UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) vs. ) ) RAHMAT ABD HIR, ) ) Defendant. _____________________________________ ) No. CR-07-00501 JF (RS) UNOPPOSED APPLICATION FOR ORDER SHORTENING TIME HON. RICHARD SEEBORG IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

San Jose Division. Our office has been appointed to represent defendant Rahmat Abd Hir in the above-captioned case. 2. The government has arrested and initiated deportation proceedings against Faizal Ab

Halim and Abdulkawi Ahmed Hamed, two potentially material witnesses in this case. 3. I am informed and believe that an immigration hearing for both witnesses is

scheduled to be held on Tuesday, September 4, 2007. 4. The defense is moving to for an order compelling the government to produce its 1

Unop posed Ap plication for Order Sho rtening Time

Case 5:07-cr-00501-JF

Document 27

Filed 08/24/2007

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reports of government interviews with these witnesses, both of whom I am informed and believe have been interviewed on several occasions. The purpose of this request is to enable the defense to determine whether to move for the witnesses' detention under Title 18 U.S.C. § 3144. 5. Without an order shortening time, the defendant's motion would not be heard until

after the September 4, 2007, immigration hearing. It is possible that the witnesses will be deported before the defense has had an opportunity to seek their detention as material witnesses. 6. I have spoken with DOJ Trial Attorney Joanna Baltes, who has informed me that the

government does not object to an order shortening time to permit this motion to be heard prior to the September 4, 2007, immigration hearing. 7. For the reasons set forth above, it is respectfully requested that the Court enter an

order shortening time to permit the defense's motion for expedited discovery re: material witnesses to be heard on Thursday, August 30, 2007, at 9:30 a.m. I declare under penalty of perjury that the foregoing is true and correct, except for those matters stated on information and belief, and as to those matters, I am informed and believe them to be true. Executed this 24th day of August, 2007, in the Northern District of California.

______________________________________ NICHOLAS P. HUMY Assistant Federal Public Defender

Unop posed Ap plication for Order Sho rtening Time

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