Free Response to Motion - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PAUL K. CHARLTON United States Attorney District of Arizona Howard D. Sukenic Assistant U.S. Attorney Arizona State Bar No. 011990 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-00623-003-PHX-SRB Plaintiff, v. Don Earl Witt, Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S PRO PER MOTION TO TERMINATE PROBATION

The United States of America, by and through undersigned counsel, responds to defendant's Pro Per Motion to Terminate Probation as follows: Undersigned counsel has conferred with United States Probation Officer Scott Reardon who confirmed that he does not oppose defendant's Motion and verified that defendant has been in compliance with the terms and conditions of probation imposed on him by this Court. Furthermore, undersigned counsel has verified with Assistant United States Attorney Mark Wenker that Mr. Witt has satisfied his financial obligations imposed under the Settlement Agreement executed April 14, 2004 (see Exhibit 1 of the Plea Agreement). undersigned counsel does not oppose defendant's Motion. Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an order based thereon. Therefore,

Case 2:04-cr-00623-SRB

Document 96

Filed 12/30/2005

Page 1 of 3

1 2 3 4 5 S/ Howard D. Sukenic 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Howard D. Sukenic Assistant U.S. Attorney PAUL K. CHARLTON United States Attorney District of Arizona Respectfully submitted this 30 th day of December, 2005.

Case 2:04-cr-00623-SRB

Document 96

Filed 12/30/2005

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I hereby certify that on December 30, 2005, I served the attached document by mail on the following, who are not registered participants of the CM/ECF system: Don E. W itt 2323 E. Minton Mesa, Az. 85213 S/ Howard Sukenic

3

Case 2:04-cr-00623-SRB

Document 96

Filed 12/30/2005

Page 3 of 3