Free Response in Opposition - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1182

Filed 05/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA Plaintiff, v. 1. NORMAN SCHMIDT, Defendant.

GOVERNMENT'S RESPONSE TO DEFENDANT NORMAN SCHMIDT'S MOTION FOR LEAVE TO MAKE A RECORD

The United States of America (the government), by and through Assistant United States Attorneys Matthew T. Kirsch and Wyatt Angelo, responds to DEFENDANT SCHMIDT'S MOTION FOR LEAVE TO MAKE A RECORD [# 1155] as follows: 1. Defendant Schmidt has incorporated the allegations contained in his motion into his renewed, oral motion for access to the government's financial database. That incorporation likely makes the instant motion moot. 2. To the extent that the instant motion remains viable, the government objects to defendant Schmidt's now repeated practice of following up a motion which has been denied with a request to add grounds or arguments in support of the denied motion, but without providing any explanation as to why the additional grounds or arguments were not included in the initial motion. 3. The government has already made a record concerning defendant Schmidt's

Case 1:04-cr-00103-REB

Document 1182

Filed 05/07/2007

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access to the financial records on which the government's database was based. The government would supplement that record only by specifically noting that defense counsel were provided, before trial began on the day of Special Agent Stockley's testimony, with copies of all materials to which Special Agent Stockley referred during his testimony. As the Court has already noted, the defendants are entitled to nothing more. Respectfully submitted this 7th day of May, 2007. TROY A. EID United States Attorney

s/Matthew T. Kirsch Matthew T. Kirsch Wyatt B. Angelo Assistant United States Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected] [email protected]

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Case 1:04-cr-00103-REB

Document 1182

Filed 05/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify on this 7th day of May, 2007, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT NORMAN SCHMIDT'S MOTION FOR LEAVE TO MAKE A RECORD with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected]

Richard N. Stuckey, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ronald Gainor, Esq. [email protected]

s/Matthew T. Kirsch Matthew T. Kirsch Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected]

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