Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona MICHAEL T. MORRISSEY Assistant U.S. Attorney Arizona State Bar No. 012531 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-938-PHX-SMM Plaintiff, v. Patrick Russell Wayne, Defendant. Pursuant to an Order of the Court, the United States investigated whether it had information bearing upon whether the United States was aware of or investigating defendant's conduct that resulted in a conviction in CR 90-388-PHX-EHC prior to June 8, 1990, the date of the Court's leaving of its position as United States Attorney for the District of Arizona. After a diligent search, the United States has been unable to locate its file with respect to the CR 90-388-PHXEHC. Based on the public record in CR 90-388-PHX-EHC, the United States does not believe that prior to June 8, 1990, that the Office of the United States Attorney for the District of Arizona had any involvement or knowledge of the facts in that case. Indeed, the initial charging document in CR 90-388-PHX-EHC was filed in November, 1990, approximately five months after the Court had ceased serving as United States Attorney for the District of Arizona. Accordingly, because there is no evidence that the Court has a conflict in this matter, the United States would urge the Court to preside over further proceedings in this case. // // // GOVERNMENT'S MEMORANDUM REGARDING ABSENCE OF COURT CONFLICT

Case 2:04-cr-00938-SMM

Document 26

Filed 01/24/2006

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Respectfully submitted this 24th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

s/ Michael Morrissey Michael Morrissey Assistant U.S. Attorney

8 CERTIFICATE OF SERVICE that on 2006, I electronically 9 I hereby certify attachedJanuary 24,to the Clerk's Office using the CM/ECF transmitted the document 10 System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 11 Philip A. Seplow 12 [email protected] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:04-cr-00938-SMM

Document 26

Filed 01/24/2006

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