Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams, Suite 201 Phoenix, Arizona 85007-2730 4 Telephone: (602) 382-2751 5 KAREN M. WILKINSON State Bar No. 014095 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 IN THE UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 vs. Michael Lee Brewer, Defendant. The defendant Michael Brewer, through counsel, requests that the Court United States of America, Plaintiff, DISTRICT OF ARIZONA No. CR-04-005-PHX-PGR MOTION TO CORRECT CLERICAL MISTAKE IN ORDER

17 correct its Order to reflect that the Court ordered Mr. Brewer to seven, not ten, 18 months prison. 19 The Court sentenced Michael Brewer for a supervised release violation 20 21 22 23 24 on November 21, 2005. At that time, the Court revoked Mr. Brewer's supervision and sentenced him to seven months prison. The minute order entered by the Court on that same date correctly reflects this order. The written order, filed on November 23, 2005, however, incorrectly states that the Court sentenced Mr. Brewer to ten

25 months custody. The Court's oral pronouncement of sentence controls over any th 26 conflicting written order. United States v. Hicks, 997 F.2d 594, 597 (9 Cir. 1993). 27 For these reasons, Mr. Brewer requests that the Court correct the order 28 to reflect that he is committed to the custody of the Bureau of Prisons for a term of

Case 2:04-cr-00005-PGR

Document 49

Filed 11/23/2005

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1 seven (7) months. We have not yet been able to reach the Assistant United States 2 Attorney assigned to this case, Daniel Drake, for his position. 3 Respectfully submitted: November 23, 2005. 4 5 6 7 8 9 10 I hereby certify that on November 23, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal 11 of a Notice of Electronic Filing to the following CM/ECF registrants: 12 DANIEL DRAKE 13 Assistant U.S. Attorney Two Renaissance Square 14 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 15 16 Copy mailed to: 17 MIKE WIMMER 18 U.S. Probation Office U.S. Courthouse Sandra Day O'Connor 19 401 W. Washington Street, Suite 160 Phoenix, Arizona 85003 20 MICHAEL LEE BREWER 21 Defendant 22 23 S.s/ S. Bereolos Bereolos 24 25 26 27 28 2 s/ Karen M. Wilkinson KAREN M. WILKINSON Asst. Federal Public Defender JON M. SANDS Federal Public Defender

Case 2:04-cr-00005-PGR

Document 49

Filed 11/23/2005

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