Free Motion for Reconsideration - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona CHARLES F. HYDER Assistant U.S. Attorney Arizona State Bar No. 001967 United States Attorney's Office Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 [email protected] Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0313-PHX-FJM Plaintiff, v. Dominic T. Austin (1), Defendant. The United States, through counsel, respectfully requests that this court reconsider its Order GOVERNMENT'S MOTION FOR RECONSIDERATION OF COURT'S ORDER

16 of October 20, 2005, and extend the governments time within which to decide whether it will 17 proceed with a case against Austin. 18 The government respectfully submits that it has informed the court and the defendant of its

19 efforts to pursue the matter against Austin by way of criminal charges or forfeiture. As noted, 20 as part of its investigation, the government will seek the cooperation of both McCreary and 21 Hunter in seeking information regarding Austin and others in the conspiracy in bank robberies. 22 Evidence of text messages was introduced in the trial of McCreary and Hunter which indicate 23 Austin was involved. The government had contemplated the approaching of Hunter and 24 McCreary subsequent to their sentences to see if they were interested in cooperating with the 25 government in furthering this investigation. The fact that the sentences of the two have been 26 postponed, not due to government action, beyond the 60 days time limit set by the court, has 27 precluded the government from completing that part of the investigation through no fault of its 28 own.

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Additionally the government submits that in speaking with McCreary and Hunter evidence

2 may be uncovered that the money in question is contraband. 3 The government respectfully requests this court to rescind its order regarding the return of

4 the property until the government has the opportunity to explore possible cooperation by 5 McCreary and/or Hunter. In the event there is no cooperation, or the cooperation is not to the 6 governments satisfaction, the government will agree to return the money to Austin and to 7 preserve any evidentiary value of the money by photographic means in conformance with the 8 court's order. 9 The government requests the court rescind its Order of October 20, 2005 and extend the time

10 for the government to decide whether it will proceed with the case against Austin until 60 days 11 after both McCreary and Hunter are sentenced. 12 13 14 15 16 17 18 19 20 // 21 // 22 23 24 25 26 27 28 2
s/Charles F. Hyder CHARLES F. HYDER Assistant United States Attorney PAUL K. CHARLTON United States Attorney District of Arizona

Respectfully submitted this 24th day of October, 2005.

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1 I hereby certify that on October 24, 2005,
I electronically transmitted the attached

2 document to the Clerk's Office using the
CM/ECF system for filing and

3 transmittal of a Notice of Electronic Filing
to the following CM/ECF registrants:

4 Tom Crowe, Esq. 5 Attorney for Dominic Austin 6 Benjamin N. Sternberg, Esq. Attorney for John Freemen Hunter 7 Dana Carpenter, Esq. 8 Attorney for Derrick L. McCreary 9 Steven C. Kunkle, Esq. Attorney for Shadiq McNair 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
S/ Joyce Stern

Case 2:04-cr-00313-FJM

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