Free Motion to Vacate - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams, Suite 201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2753 4 Donna Lee Elm, #12127 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Defendant, James D. Perino, moves that this Court to vacate the hearing scheduled for Tuesday, September 27, 2005, reference the previously filed motion to determine competency and insanity. That issue is moot as the Defendant has now affirmatively withdrawn both competency and insanity issues. The Defense has discussed this with the assigned prosecutor who does not object to this step; in fact since he is from Indiana, he asks the Court to vacate the hearing as well because his office would otherwise have to go to the expense of his travel to and from Arizona for purposes of this hearing. For the Court's edification, the Defense and prosecution appear to be moving toward resolution. The parties have discussed the potential of a diminished capacity mitigation issue, and have agreed to cooperate in selecting a mutually approved expert to evaluate the Defendant for purposes of diminished capacity vs. James D. Perino, Defendant. United States of America, Plaintiff, No. CR-04-1071-PHX-FJM MOTION TO VACATE MOTION HEARING REGARDING JOINT MOTION FOR DETERMINATION OF COMPETENCY AND INSANITY AT THE TIME OF THE OFFENSE (First Request) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:04-cr-01071-REJ

Document 32

Filed 09/21/2005

Page 1 of 2

1 evidence if the defendant elects to go forward ith that sentencing issue. HEnce the 2 Court's intervention in this area will probably not be needed. 3 5 thereon. 6 7 8 9 10 11 12 Copy of the foregoing was transmitted by CM/ECF 13 this 21st day of September, 2005, to: 14 CLARENCE BUTLER Assistant U.S. Attorney 15 5400 Federal Plaza, Ste 1500 Hammond, IN 46320 16 17 JAMES D. PERINO Defendant 18 s/ Donna Lee Elm 19 DONNA LEE ELM 20 21 22 23 24 25 26 27 28 Respectfully submitted: September 21, 2005. JON M. SANDS Federal Public Defender s/ Donna Lee Elm DONNA LEE ELM Asst. Federal Public Defender It is expected that excludable delay under Title 18 U.S.C. Section 4 3161(h)(8)(A) and (h)(1)(F) may result from this motion or from an order based

Case 2:04-cr-01071-REJ

Document 32

Filed 09/21/2005

Page 2 of 2