Free Memorandum - District Court of Arizona - Arizona

TYRONE MITCHELL P.C. Tyrone Mitchell, Esq., No. 016267 1700 North Seventh Street, Suite 3 Phoenix, Arizona 85006 Telephone: (602) 258-5749 Facsimile: (602) 258-5233 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA., Plaintiff, vs. RENEE EILEEN GEYER, Defendant. _____________________________________ ) No. CR 04-866--PHX- ROS ) ) MEMORANDUM ) ) ) ) ) ) )

Pursuant to the Court's Order dated June 7, 2007, defense counsel files this memorandum with regards to counsel failure to appear at disposition hearing on June 4, 2007. On June 4, 2007, Defense counsel had several hearings set in Federal District Court. The hearings scheduled that morning were: 1) 9:30 a.m. United States of America v. Mingione (Rosenblatt) 2) 10:30 a.m United States of America v. Bateman (Rosenblatt) 3) 11:00 a.m. United States of America v. Geyer (Silver) The week prior defense counsel was aware that his schedule was tight. However, defense counsel believed that each of the hearings would go on time and that I would be able Case 2:04-cr-00866-ROS Document 96 Filed 06/08/2007 Page 1 of 4

to make all hearings on time.

Defense counsel did not believe it was necessary to file a

motion to continue and/or a notice of potential conflict in any of the matters based on the information defense counsel knew at that time. On June 4, 2007, defense counsel appeared at 930 a.m. for his hearing before Judge Rosenblatt. That hearing went sometime before 10 a.m. After that hearing, the courtroom clerk informed me that the AUSA in the Bateman matter had just notified them that she had a telephonic hearing starting at 10:30 a.m. and that she would be 10-15 minutes late. Defense counsel then asked the court room clerk to immediately notify this Court with regards to fact this hearing would not start until after 10:30 a.m. Defense counsel immediately went to this Court after the hearing in Bateman. Defense counsel was not aware of the AUSA's telephonic hearing until that morning. If defense counsel was aware of that hearing, defense counsel would have immediately filed a motion to continue. Additionally, defense counsel did not file a motion to continue the Bateman sentencing due to the fact that it had been continued several times before. Additionally, defense counsel did not want to continue the Geyer matter due to the unique circumstances involving this case. Defense counsel is especially sensitive not to be late and/or miss any appearances before this Court. Defense counsel apologizes to the Court for not appearing and will in the future attempt to work out any possible scheduling conflict as they arise.

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RESPECTFULLY SUBMITTED this 8th day of June, 2007. TYRONE MITCHELL, P.C.

By

/s/ Tyrone Mitchell Tyrone Mitchell Attorneys for Defendant

CERTIFICATE OF SERVICE -3Case 2:04-cr-00866-ROS Document 96 Filed 06/08/2007 Page 3 of 4

I certify that on the 8th day of June, 2007, I electronically transmitted this 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. Paul Rood, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408

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