Free Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3532

Filed 01/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00214-WYD-24 UNITED STATES OF AMERICA, Plaintiff, v. 24. DWAYNE VAN DYKE, Defendant.

UNOPPOSED MOTION TO RESET MOTION HEARING DATE FROM JANUARY 31, 2008 TO MARCH 6, 2008

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Linda A. McMahan, Assistant United States Attorney, respectfully requests this Honorable Court vacate the hearing date of January 31, 2008, and set that hearing for March 6, 2008, and in support states: 1. The Court had previously set January 31, 2008, for a hearing on the

Government's Motion for Further Sentencing Reduction Pursuant to Rule 35(b), Federal Rules of Criminal Procedure [Docket # 3508]. 2. The parties recently learned the defendant is presently housed in a Federal

Correctional Institute in El Reno, Oklahoma, and no one did the paperwork required for the U.S. Marshal's to transport him. The government apologizes for the oversight. 3. Defendant's counsel was advised and has no opposition to this continuance.

The parties called and conferred with the Court to obtain the date of March 6, 2008.

Case 1:01-cr-00214-WYD

Document 3532

Filed 01/31/2008

Page 2 of 3

4.

The government requests the previously ordered date of January 31,

2008, be vacated and the hearing reset to March 6, 2008, at 3:00 p.m. Dated this 31 st day of January, 2008. Respectfully submitted, TROY A. EID United States Attorney

By:

s/Linda A. McMahan LINDA A. MCMAHAN Assistant United States Attorney 1225 Seventeenth St., Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0403 e-mail: [email protected]

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Case 1:01-cr-00214-WYD

Document 3532

Filed 01/31/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 31 st day of January, 2008, I electronically filed the foregoing UNOPPOSED MOTION TO RESET MOTION HEARING DATE FROM JANUARY 31, 2008 TO MARCH 6, 2008 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address(es): Philip A. Cherner, Esq. e-mail: [email protected]

s/Maggie E. Grenvik Maggie E. Grenvik Legal Assistant for AUSA Linda McMahan U.S. Attorney's Office 1225 17 th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 e-mail: [email protected]

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