Free Motion to Appoint Counsel - District Court of Arizona - Arizona

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John W. Rood, III State Bar No. 003458 817 North Second Street Phoenix, AZ 85004 (602) 258-1778 Attorney for Defendant-Appellant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. SERGIO LEYVA-SOLANO, Defendant. District Court Nos. CR-00-1015-PHX-SMM CR-04-0149-PHX-SMM MOTION TO APPOINT COUNSEL

COMES NOW appellant counsel for above-named defendant, John W. Rood III, and request this Court enter an order nunc pro tunc to appoint counsel in the District Court in this matter. This Motion is based on the following Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED this 30th day of January, 2006.

/s John W. Rood III John W. Rood III Attorney for Defendant

MEMORANDUM OF POINTS AND AUTHORITIES On July 23, 2004 counsel was appointed by the United States Court of Appeals for the Ninth Circuit to represent Sergio

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Leyva-Solano on his appeals in the above numbered causes.

Mr.

Leyva-Solano's prior attorney was David Ochoa who appeared for Mr. Leyva-Solano at the District Court level and was involved in his trial and sentencing in these matters. Since this was remanded from the Appellant Court, counsel responded to a Order by this court to inform it whether or not a petition for writ for certiorari was to be filed but has done nothing further in the matter. Counsel has now received an

Order from the court to prepare a written brief setting forth views as to whether or not the original sentence imposed would have been materially different if the court had known the sentencing guidelines were advisory. Counsel was not appointed

to represent the Defendant in the District Court and in order to represent Mr. Leyva-Solano an Order from this court is necessary. Wherefore counsel respectfully requests the court enter an order appointing him to represent Mr. Leyva-Solano as of January 27, 2006. RESPECTFULLY SUBMITTED this day of February, 2006.

/s John W. Rood III John W. Rood III Attorney for Defendant

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I hereby certify that on February 13, 2006 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF registrants: Assistant U.S. Attorney Jacki L. Ireland COPIES of the foregoing mailed this 13th day of February, 2006 to: Honorable Steven M. McNamee Sergio Leyva-Solano # 45493-008 California City CI P.O. Box 3001-0001 California City, California 93504

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