Free Motion to Exonerate Bond - District Court of Arizona - Arizona

Carmen L. Fischer Attorney at Law 2 SBN #009975
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C a rm e n L . F is ch e r P h illip E . H a n te l L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

Luhrs Tow er - Suite 403 45 W est Jefferson Street Phoenix, A Z 85003-2314 (602) 252-1282 A ttorney for H enry W atkins

UNITED STATES OF AMERICA DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. HENRY WATKINS, Defendant. ) ) ) ) ) ) ) ) ) ) CR03-1167-PHX-DGC MOTION TO EXONERATE BOND

Henry Watkins moves this court to exonerate the $5,000 bond posted to secure his appearance in this matter. CR03-697 On July 3, 2003, an indictment was returned in CR03-697 charging Mr. Watkins with possession of a firearm with an obliterated serial number and possession with the intent to distribute methamphetamine. (CR03-697 Dkt #1) On July 8, 2003, Mr. Watkins was arrested and appeared before Magistrate Judge Caruth for his initial appearance. (Id. Dkt. #6). On July 15, 2003, Magistrate Judge Sitver set a $5,000 appearance bond for Mr. Watkins. (Id. Dkt. #10). On July 15, 2003, Richard C. Huff posted Mr. Watkin's bond. (Id. Dkt. #12). On February 24, 2005, the court granted the government's motion to dismiss this case without prejudice because all these charges had been charged in a superceding indictment in CR03-1167. (Id. Dkt. # 70). CR03-1167 On January 19, 2005, a superceding indictment was returned charging Henry Watkins with three counts, the two counts from CR03-697 (Counts 10 & 11) and an additional count charging a

Case 2:03-cr-01167-DGC

Document 1290 1 Filed 02/27/2006

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C a rm e n L . F is ch e r P h illip E . H a n te l L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

violent crime in aid of racketeering (Count 5). (Dkt. #541) On February 2, 2005, Mr. Watkins was arraigned on the superceding indictment. (Dkt. # 578). On February 27, 2006, the court dismissed with prejudice the counts alleged against Defendants Kelly, Watkins, and Reinstra. (Dkt. #1283). This order was based, in part, upon the government's Amended Motion to Dismiss. (#1279). In that motion, the government moved to dismiss the three counts pending against Mr. Watkins, Counts 5, 10 & 11. Thus, Mr. Watkins moves this court to issue his bond exonerated and the $5,000 bond posted by Richard C. Huff returned to Mr. Huff. Respectfully submitted this 27th day of February 2006.

_/s/_____________________ CARMEN L. FISCHER Attorney for Henry Watkins I hereby certify that on the day of 2006, I electronically transmitted this document to the Clerk's Office using the CM/EFC System for filing and the CM/EFC System transmitted a Notice of Electronic Filing to all CM/EFC Registrants.

Case 2:03-cr-01167-DGC

Document 1290 2 Filed 02/27/2006

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