Free Reply to Response - District Court of Arizona - Arizona

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Barbara Hull, State Bar No. 011890 86 West University Drive, Suite 101A Mesa, Arizona 85201 Telephone: (480)834-0002 Facsimile: (480)834-0003 Attorney for Defendant
IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. ROBERT MCKAY, Defendant.

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Case No.: CR-03-1167-16-PHX-DGC DEFENDANT'S SUPPLEMENT TO REPLY REGARDING MR. MCKAY'S REQUEST FOR RELEASE (Assigned to The Honorable David G. Campbell)

Defendant, Robert McKay, through undersigned counsel, hereby requests that this Court issue its Order releasing Mr. McKay. Mr. McKay filed a motion for release on or about August 25, 2005. On September 2, 2005, this Court agreed to release Mr. McKay for two weeks to see his mother. This Court issued that Order without prejudice to its consideration of the motion to release pending trial. As anticipated in Mr. McKay's Reply, the trial in this case has been continued to April 25, 2005. Mr. McKay did not waive his speedy trial rights for purposes of that continuance, has served over one year, is the only individual not charged with murder in this case who remains detained, and has already served what time he would likely serve upon any disposition of this case.

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Case 2:03-cr-01167-DGC

Document 858

Filed 10/23/2005

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Mr. McKay asks for release on his own recognizance and asks that this Court issue its Order at its earliest opportunity. RESPECTFULLY SUBMITTED this 23rd day of October, 2005.
____/S/__Barbara L. Hull________________

Barbara L. Hull, Attorney for Mr. McKay Original filed electronically this date. Courtesy copy of the foregoing Motion sent via email this date to: The Honorable David G. Campbell United States District Court 401 West Washington Street Phoenix, Arizona 85003-0001 at [email protected] Copies sent electronically this date to all counsel.

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Case 2:03-cr-01167-DGC

Document 858

Filed 10/23/2005

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