Free Notice (Other) - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1630

Filed 12/16/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-CR-531-WYD UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, et al. Defendants.

NOTICE OF FILING OF PROPOSED ORDER

Rudy Sablan, through counsel and pursuant to the Court's order dated December 7, 2005, submits the attached proposed order regarding Rudy Sablan's Motion R-42. In support thereof, Mr. Sablan states as follows: 1. Counsel was ordered to confer with Victor Stone, counsel for the Federal Bureau

of Prisons, in an attempt to reach an agreement on the wording of the order for the Court to sign. 2. Counsel did in fact confer at great length with Mr. Stone, and the attached

proposed order represents compromise reached in many particulars. However, the parties were not able to reach agreement as to wording of the entire order. 3. Counsel for Mr. Sablan and the BOP therefore have agreed to submit two

proposed orders for the Court to review. In this regard, the Court stated at the hearing on December 2, 2005, that the Court wanted the parties to file ". . . a proposed form of order that reflects the agreement that's been reached on these issues and then if you have any objections

Case 1:00-cr-00531-WYD

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that you can't resolve, you need to tell me what those are in what you submit, and then I will resolve them for you." (Motions Transcript [daily copy] p. 43, l. 2-6.) 4. Counsel for the BOP objects to the wording in the attached proposed order in the

following particulars: In the next to the last paragraph, that begins with the word "furthermore", it is stated, "2) the granting of this order in this regard does not foreclose either party from objecting if somehow there is a later dispute." Instead, counsel for the BOP has added it's own wording as is noted in its submission. Counsel for Rudy Sablan strongly objects to the added verbiage in the BOP proposal as it contains wording and conclusions not found in the record. Instead, the language noted above and as part of "(2)" in Rudy Sablan's proposed order is the Court's own language found at transcript (daily copy) p. 42, l. 2-4. 5. Counsel for Mr. Sablan is available for a hearing to resolve this important issue if

the Court wishes that such a hearing is set. Respectfully submitted, s/ Forrest W. Lewis Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected] Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 798-3872 E-mail: [email protected]

Case 1:00-cr-00531-WYD

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CERTIFICATE OF SERVICE I hereby certify that the foregoing NOTICE OF FILING OF PROPOSED ORDER was electronically filed with the Clerk of the Court using the CM/ECF system on this 16th day of December, 2005, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected] Michael Hegarty [email protected] Patrick J. Burke [email protected] Dean Neuwirth [email protected] Nathan D. Chambers [email protected] Susan L. Foreman [email protected] and I hereby certify that I have mailed or served the foregoing documents to the following non CM/ECF participants by placing a copy in the U.S. mail, first class and postage prepaid, addressed as follows: Chris Synsvoll, Legal Department ADX Florence P.O. Box 8500 Florence, Colorado 81226 s/Polly Ashley