Free Motion to Amend/Correct - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SHARON K. SEXTON Assistant U.S. Attorney [email protected] Arizona State Bar No. 012359 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Eric Miguel, Defendant. The United States, through counsel undersigned, respectfully requests this court to order that the caption of the plea agreement and subsequent related filings be changed based on the following. The plea agreement in this matter was captioned under CR-04-1289-PHX-EHC. The plea agreement should have been filed and entered under cause number CR-05-897-PHX-EHC. As the court knows, this matter had two cause numbers, both involving the same offense. The defendant in this case pled to "Count 1: a lesser included offense of Second Degree Murder." Count 1 in CR-05-897-PHX-EHC is Second Degree Murder; Count 1 in CR-04-1289PHX-EHC was First Degree Murder, a count that had previously been dismissed. The parties intended that the plea agreement be entered pursuant to CR-05-897-PHX-EHC. Thus, the parties request that the plea agreement in this matter and any subsequent related filings be corrected to reflect the correct cause number of CR-05-897-PHX-EHC. /// /// /// United States of America, Plaintiff, CR-04-1289-PHX-EHC CR-05-897-PHX-EHC MOTION TO CORRECT CAPTION OF PLEA AGREEMENT AND SUBSEQUENT RELATED FILINGS

Case 2:04-cr-01289-EHC

Document 90

Filed 01/30/2006

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At the time of sentencing, the government will move to dismiss CR-04-1289-PHX-EHC. Respectfully submitted this 30 th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/Sharon K. Sexton SHARON K. SEXTON Assistant U.S. Attorney
I hereby certify that on January 30, 2006, 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: Gerald A. W illiams

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Case 2:04-cr-01289-EHC

Document 90

Filed 01/30/2006

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