Free Application for Writ of Habeas Corpus ad Prosequendum - District Court of Colorado - Colorado

Case 1:04-cr-00032-REB

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Filed 01/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00032-REB-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. ANTONE RAYMOND AUSTIN, Defendant.

PETITION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM

The United States of America, by and through William J. Leone, United States Attorney for the District of Colorado, and Philip A. Brimmer, Assistant United States Attorney, petitions the Court for a Writ of Habeas Corpus Ad Prosequendum and states as follows: 1. The defendant, Antone Raymond Austin, DOB: November 18, 1977,

Inmate No. 32433-013, is confined at FCI, Florence, Colorado. 2. A re-sentencing hearing will be held on February 28, 2006 at 9:00 a.m. in

the United States District Court for the District of Colorado before Judge Robert E. Blackburn. WHEREFORE, Petitioner moves that the Court order a Writ of Habeas Corpus Ad Prosequendum to issue from this Court to the United States Marshal for the District of Colorado, or any other United States Marshal, requiring him to serve the writ on the

Case 1:04-cr-00032-REB

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Warden, or Superintendent, or Custodian of any place or institution where the defendant is confined, and requiring said United States Marshal to produce the defendant before a United States District Court Judge Robert E. Blackburn for re-sentencing on February 28, 2006, at 9:00 a.m., and to hold him at all times in his custody as an agent of the United States of America until final disposition of the defendant's case, and thereafter to return the defendant to the institution where he is now confined. WILLIAM J. LEONE United States Attorney

by: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 FAX: (303) 454-0403 E-mail: [email protected] Attorney for Government

Case 1:04-cr-00032-REB

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of January, 2006, I electronically filed the foregoing PETITION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address(es): [email protected] [email protected]

s/ Susan Shapiro SUSAN SHAPIRO Legal Assistant to Philip A. Brimmer U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 Fax: 303-454-0403 E-mail address: [email protected]