Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00448-WDM

Document 68

Filed 07/07/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: n/a CASE NO. 04-CR-00448-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. JAVIER MORENO BALBUENA,

Date: July 7, 2006 Time: 65 minutes Interpreter: n/a

Counsel Joseph Mackey

David Lindsey

Defendants.

HEARING ON MOTION FOR RETURN OF PROPERTY

3:00 p.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant is present and in custody. Defendant' Motion for Return of Property Post Trial (Doc #56), filed 10/6/05. s Discussion regarding how this hearing should proceed. Mr. Mackey concedes the driver' license and voter registration card are legitimate but s

Case 1:04-cr-00448-WDM

Document 68

Filed 07/07/2006

Page 2 of 2

wishes to proceed with an evidentiary hearing as to the currency. Page Two 04-CR-00448-WDM July 7, 2006 Comments by Mr. Lindsey. Comments by the Court as to how this hearing will proceed. 3:16 p.m. Direct examination of Government' witness Jeffrey Lembke by Mr. s Mackey. Cross examination by Mr. Lindsey. Questions to the witness by the Court.

3:23 p.m. 3:43 p.m.

Witness excused. 3:45 p.m. 3:48 p.m. Argument by Mr. Mackey. Argument by Mr. Lindsey.

Court wishes to review the inventory of the search. Mr. Mackey will provide the Court and defense counsel with a copy of the inventory. ORDERED: Defendant may submit any additional argument after reviewing the inventory by noon on July 14, 2006. ORDERED: Defendant is REMANDED to the custody of the United States Marshal. 4:05 p.m. COURT IN RECESS 65 minutes

Total in court time: Hearing concluded