Free Motion for Writ - District Court of Colorado - Colorado

Case 1:04-cr-00448-WDM

Document 61

Filed 12/06/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 1:04-cr-00448-WDM-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. JAVIER MORENO-BALBUENA, Defendant.

PETITION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM

COMES NOW the United States Attorney for the District of Colorado, and respectfully shows this Honorable Court: That, Javier Moreno-Balbuena, Registration No. 32961-013 is now in the custody of the FSL Elkton, Lisbon, Ohio. Your Petitioner states that a Motion hearing be held on the 3rd day of March, 2006 at 2:00 p.m. before United States District Judge Walker D. Miller. WHEREFORE, your Petitioner respectfully prays that this Honorable Court order a writ of habeas corpus ad prosequendum to issue from this Court to the United States Marshal for the District of Colorado, requiring him to serve said writ on the FSL Elkton, Lisbon, Ohio, or the Warden of any other institution wherein the said Javier MorenoBalbuena is confined, and requiring said United States Marshal for the District of Colorado to produce the body of the said Javier Moreno-Balbuena, on the 3rd day of March, 2006, at 2:00 p.m. to appear for said Motion hearing and to remain in federal

Case 1:04-cr-00448-WDM

Document 61

Filed 12/06/2005

Page 2 of 3

custody until this case is completed. Respectfully submitted this day of December, 2005

WILLIAM J. LEONE United States Attorney District of Colorado

By: s/Joseph Mackey JOSEPH MACKEY Assistant U.S. Attorney U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

-2-

Case 1:04-cr-00448-WDM

Document 61

Filed 12/06/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2005, I electronically filed the foregoing PETITION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM with the Clerk of the Cou8rt using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected], [email protected] and I hereby certify that I have mailed or served thedocument or paper tothe following non CM/ECF participants in the manner (mail, hand deliver, etc.) indicated by the nonparticipant's name:

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant to Joseph Mackey U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected]