Free Motion for Hearing - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JOSEPH C. WELTY Assistant U.S. Attorney Arizona State Bar No. 012409 [email protected] Two R enaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-01-175-PHX-ROS Plaintiff, v. Shannon Lee McColery, Defendant. Pursuant to this Court's July 28, 2005, Minute Order, the following steps have been taken PROPOSED RESOLUTION REPORT

15 by the parties in order to prepare for the Admit/Deny Hearing scheduled for August 8, 2005 and 16 to seek resolution of the matter: 17 1. Defense counsel Michael S. Ryan obtained a copy of the sentencing transcript on 18 August 4, 2005 and provided a copy of the same to undersigned counsel. Probation officer 19 Randy M uncey has also been provided a copy. 20 2. Undersigned counsel has conferred with defense counsel, Michael S. Ryan, and 21 probation officer Randy M uncey regarding the matter. 22 3. Probation officer Randy Muncey provided undersigned counsel with a report detailing 23 the circumstances of the defendant's arrest on June 4, 2005, by the Maricopa County Sheriff's 24 Office. Defense counsel has also been provided with a copy of the report. 25 4. Defense Counsel has conferred with defendant on August 5, 2005. Counsel read 26 relevant portions of the transcript to Ms. McColery over the telephone. Ms. McColery indicated 27 that she will be admitting to the alleged violations on August 8, 2005. 28

Case 2:01-cr-00175-ROS

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5. After consultation with the probation officer, undersigned counsel has indicated to defense counsel that the government will be recommending, at time of disposition, that defendant be sentenced to ten months incarceration followed by continued supervision. 6. While the parties have expressed their intended actions and recommendations to each other there are no agreements or stipulations present in this case. Respectfully submitted this 5th day of August 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/ Joseph C. Welty

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOSEPH C. WELTY Assistant U.S. Attorney

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CERTIFICATE OF SERVICE

I hereby certify that on August 5, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Michael S. Ryan Kent & Ryan PLC 45 W. Jefferson, Suite 206 Phoenix, AZ 85003-0001 [email protected]

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Case 2:01-cr-00175-ROS

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