Free Response to Order to Show Cause - District Court of Arizona - Arizona

GREG CLARK LAW OFFICE OF GREG CLARK 45 W. Jefferson, 14th Fl. Phoenix, Arizona 85003 Telephone (602) 252-1800 State Bar No. 009431 Attorney for Defendant Honderd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America, Plaintiff, v. David Roy Honderd, a/k/a Dave Hunter, Defendant. _______________________________)

) Case No. CR 04-0276-PHX-SMM ) ) RESPONSE TO OSC ) ) ) ) ) (Assigned: Hon. Stephen M. McNamee) ) ) Sentencing Set: 10-31-05, 8:30 a.m.

Undersigned counsel, Greg Clark, hereby responds to the Order to Show Cause set in the captioned matter. On October, 24, 2005 undersigned failed to appear for the sentencing set on this case. On Thursday October 20, 2005 counsel contacted the court and left a message that he would be filing a Motion to Continue Sentencing. Counsel conferred with AUSA Richard Mesh on October 20, 2005, prior to contacting the court. Counsel filed the Motion to Continue on Friday October 21, 2005. Undersigned counsel did not appear for the sentencing on October 24, 2005 wrongfully believing that the Motion to Continue had been granted. Given the posture of the case and the

Case 2:04-cr-00276-SMM

Document 195

Filed 10/27/2005

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Defendant's continuing obligations counsel assumed the Motion would be granted. Counsel apologizes to Court for failing to appear. In twenty three (23) years of practice undersigned has never missed a court appearance. Counsel has also apologized to AUSA Richard Mesh for his untoward behavior. RESPECTFULLY SUBMITTED this 27th day of October, 2005. LAW OFFICE OF GREG CLARK S/ Greg Clark ______________________________ By Greg Clark Attorney for Defendant ORIGINAL and One copy of the foregoing delivered this 27th day of October, 2005, to: Clerk of the Court United States District Court Sandra Day O'Connor Courthouse 401 W. Washington Phoenix, Arizona 85003 and a copy delivered/mailed to: Richard Mesh U.S. Attorney's Office Sandra Day O'Connor Courthouse 401 W. Washington Phoenix, Arizona 85003 By S/ Greg Clark

Case 2:04-cr-00276-SMM

Document 195

Filed 10/27/2005

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