Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1410

Filed 10/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. NORMAN SCHMIDT, Defendants.

MOTION FOR LEAVE TO FILE A REPLY

Defendant, Norman Schmidt, by his court-appointed counsel of record, Peter R. Bornstein and Thomas J. Hammond, moves this Court for permission to file a short reply in support of his Motion for Limited Discovery Relating to Sentencing Hearing. Defendant Schmidt filed a Motion for Limited Discovery Relating to Sentencing Hearing (Doc. 1396), and the government filed its Response (Doc. 1408). Defendant Schmidt wishes to file a reply for two reasons. First, the government has cited several cases in paragraph 8 of the Response which it claims supports its position . Defendant Schmidt believes that these cases are either inapposite or not on point. Defendant wishes to submit a short memorandum to

demonstrate why the government cases should not control the decision. Second, the government's argument fails to address the thrust of Defendant's Motion and request before this Court. It misses the point made by the Motion and Defendant wishes to submit a short argument on this point.

Case 1:04-cr-00103-REB

Document 1410

Filed 10/30/2007

Page 2 of 3

For these reasons, Defendant requests leave of Court to file a short reply memorandum not to exceed 4 pages. Respectfully submitted this 30th day of October, 2007. THE LAW OFFICES OF PETER R. BORNSTEIN s/ Peter R. Bornstein Peter R. Bornstein The Law Offices of Peter R. Bornstein 1600 Broadway, Suite 2300 Denver, CO 80202 THOMAS J. HAMMOND , P.C. s/ Thomas J. Hammond Thomas J. Hammond Thomas J. Hammond, P.C. 1544 Race Street Denver, CO 80206 Attorneys for Defendant Norman Schmidt

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Case 1:04-cr-00103-REB

Document 1410

Filed 10/30/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 30th day of October, 2007, I electronically filed the foregoing MOTION FOR LEAVE TO FILE A REPLY with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, Esq. Wyatt B. Angelo, Esq. Assistant U.S. Attorneys [email protected] [email protected] [email protected], [email protected] [email protected] Ronald Gainor, Esq. [email protected] Thomas E. Goodreid, Esq. [email protected] Thomas J. Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Mitchell Baker, Esq. [email protected] Richard K. Kornfeld [email protected] Richard N. Stuckey [email protected]

s/ Heather M. Bolton Heather M. Bolton

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