Free Motion to Vacate - District Court of Arizona - Arizona

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Anne M. Williams, P.C. Anne M. Williams #012414 1833 East Baseline Road - PMB 265 Gilbert, AZ. 85233-1545 [email protected] T: 480.892.7177 F: 480.471.6652 Attorney for Robert Wirth, Jr.

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/// /// Defendant, through counsel, requests this Court vacate the detention review hearing scheduled on October 4, 2005, at 9:00 a.m. before the Honorable Magistrate David Duncan. Defendant makes this request because the alleged supervised release violations are all criminal offenses. When Mr. Wirth, Jr., set the detention review hearing, he believed that all of the criminal offenses would be dismissed on October 3, 2005. Thus, possibly negating the petition to revoke supervised release. Mr. Wirth, Jr., has since learned from his counsel in Flagstaff that the case was continued and that the charges will not be resolved as he had expected. The matter in Flagstaff has been reset for 30-days. Therefore, Mr. Wirth, Jr., does not wish to proceed with a detention review hearing at this time. Mr. Wirth, Jr., submits the issue of detention on the record. Mr. Wirth, Jr., reserves the right to re-urge this motion upon changed circumstances. ROBERT WIRTH JR., Defendant. UNITED STATES OF AMERICA Plaintiff, v. CR 04-50185-001-PHX-FJM DEFENDANT'S MOTION TO VACATE DETENTION HEARING OF OCTOBER 4, 2005 AND PROPOSED FORM OF ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:04-cr-50185-FJM

Document 18

Filed 09/30/2005

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Counsel for Mr. Wirth, Jr., consulted with government's counsel, Darcy Cerow, regarding this request. Ms. Cerow has no objection.

RESPECTFULLY SUBMITTED via CM/ECF September 30, 2005.

By: __/s/ _______________________________ Anne M. Williams, P.C. Attorney for Robert Wirth, Jr.

Courtesy Copies Provided via U.S. Mail September 30, 2005, to: Honorable David Duncan United States District Court Sandra Day O'Connor Federal Courthouse, Ste. 325 401 West Washington Street, SPC 14 Phoenix, AZ. 85003-2120 Request Notice of Electronic Filing to CM/ECF registrant: Ms. Darcy Cerow [email protected]

Case 2:04-cr-50185-FJM

Document 18

-2Filed 09/30/2005

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