Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, Vs. KEVIN LAMONT PIERCE, Defendant.

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No. 00-pt-51 PHX RCB O R D E R

Defendant has filed a motion entitled "Motion for Fast and Speedy Trial and/or Dismissal of Charges." In his motion Defendant

asserts that his right to a speedy trial has been breached and, for that reason, the charges against him should be dismissed. The government has filed a response indicating that since Defendant's supervised release expired on October 19, 2003, over two months after an August 6, 2003 revocation petition was filed, not under oath, this Court has lost jurisdiction over the Defendant. The government requests that the warrant be quashed and The

a subsequent April 14, 2004 superseding petition be dismissed. government's response is well taken.

Case 2:00-pt-00051-RCB

Document 11

Filed 07/10/2006

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IT IS ORDERED that Defendant's Motion to dismiss (doc. #6) is granted and the Superseding Petition on Supervised Release Revocation is dismissed. IT IS FURTHER ORDERED quashing the warrant issued in connection with the original Supervised Release Revocation Petition and the Superseding Supervised Release Revocation Petition are quashed. IT IS FURTHER ORDERED directing the Clerk of this Court to transmit a certified copy of this Order to the Bureau of Prisons at: Director, Bureau of Prisons 320 First Street, NW Washington, D.C. 20534 Howard McLeod Correctional Center 1970 East Whippoorwill Lane Atoka, Oklahoma 74525 DATED this 10th day of July, 2005.

16 17 18 19 20 21 22 23 24 25 26 27 28 -2Filed 07/10/2006 Darcy A. Cerow, Esq. Assistant United States Attorney Adelina Bustamante United States Probation Officer Copies to Kevin Lamont Pierce #471712 O.S.R. C-4-6 P. O. Box 514 Granite, OK 73547

Case 2:00-pt-00051-RCB

Document 11

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