Free Order on Motion to Vacate - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL MINUTES-MOTIONS CR-04-01299-001-PHX-EHC Case Number HON: USA v. EARL H. CARROLL MANUEL ANTHONY GAMBOA DATE: 03/16/07 Judge # 7014

DEFENDANT: NOT PRESENT, IN CUSTODY Deputy Clerk: ROBERTA HIGHTOWER U.S Atty: PAUL ROOD Dft Atty: CLYDE S. MUNSELL & GLENN W. CHAROS, retained counsel ========================================================================== PROCEEDINGS: X Open Court Crt Rptr: CANDY POTTER

01:28 This is the time set for a hearing on the Defendant's Motion to Vacate [Doc. 61]. The Government was advised late today that after reviewing the PSR, the probation officer believes he found an error in calculating the base offense level which could result in a lesser sentence. Argument heard. 01:42 A brief recess is taken for counsel to confer. 01:59 The Court reconvenes. The Government orally moves under Rule 35 to correct the sentence without objection by defense. Further discussion held. The Government having no objection to the Court ordering the defendant's release, the parties are directed to submit a proposed form of order for that purpose. Regarding the pending motion to vacate, it is taken under advisement with a hearing to be set either by motion or stipulation. With respect to the issue of timeliness on the 2255, the Court won't order the Government to file a response at this time. The Court will review the matter with a further order to follow if deemed necessary. 02:11 Proceeding concluded.

Excludable delay purs to 18:3161 and terminate on Copies to: Case 2:04-cr-01299-EHC Document 77

to commence on

Filed 03/16/2007

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Cr/Mot #8 1/1/94

Case 2:04-cr-01299-EHC

Document 77

Filed 03/16/2007

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