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

Case 1:00-cr-00256-EWN

Document 122

Filed 10/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CRIMINAL CASE NO.: 00-cr-00256-EW N UNITED STATES OF AMERICA, Plaintiff, v. 1. ROBERT JOHN ROYBAL, Defendant. ________________________________________________________________ MOTION FOR MAGISTRATE JUDGE TO REOPEN DETENTION HEARING ________________________________________________________________ The defendant, Robert John Roybal, by and through undersigned counsel, pursuant to 18 U.S.C. § 3142(f)(2)(B), to reopen the detention hearing in his case based on new information. As grounds, defendant states: 1. On October 5, 2007, Magistrate Judge Craig B. Shaffer ordered the defendant detained; however, the court stated it would consider releasing Mr. Roybal to the RRC [halfway house] if a violation hearing could not be set within a reasonable time. 2. The violation hearing has now been set before Chief Judge Nottingham for November 1, 2007. 3. U.S. Probation Officer Ed Gadden has confirmed with RRC on Federal Boulevard that a bed space would be available for Mr. Roybal on October 26, 2007.

Case 1:00-cr-00256-EWN

Document 122

Filed 10/11/2007

Page 2 of 3

4. This is new information which was not known at the time of the initial detention hearing and has a material bearing on whether conditions of release exist that would reasonably assure Mr. Roybal's appearance at court and the safety of the community. W HEREFORE, defendant prays this Court will grant this motion and reconsider the order of detention based on the above information. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Janine Yunker Janine Yunker Assistant Federal Public Defender 633 17 th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:00-cr-00256-EWN

Document 122

Filed 10/11/2007

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on October 11, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: James Allison, Assistant U.S. Attorney [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Robert Roybal c/o Jefferson County Jail (Via U.S. Mail)

s/ Janine Yunker Janine Yunker Assistant Federal Public Defender 633 17 th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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