Free Motion to Compel - 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 COMPEL GOVERNMENT TO COMPLY WITH COURT'S ORDER (Dkt. #845)

On October 18, 2005, the court ordered the government to re-file its Ex Parte Memorandum in Support of its Certification of Compliance with Rule 16. The court permitted the government to redact "the second and third paragraphs of Category 1, part a (titled "Informant information"), and specific references to confidential information - if it is truly confidential - in Category 1, part d, and Category 3, pages 12 and 13." (Dkt. #845). On October 19, 2005, the government filed docket item 850, Government's Redacted Amended Ex Parte Memorandum in Support of Its Certification of Compliance with Rule 16. Portions of the text were redacted apparently consistent with the court's order. However, the government failed to file the second page of the memorandum. At the October 21, 2005 status conference, the court ordered the government to re-file a complete copy of its redacted memorandum which included the second page. One of the supervisors of the assigned prosecutors provided the defense with a page numbered 2 which is attached to this motion. The government has never re-filed a complete copy of its redacted memorandum. Moreover, it does not appear that the second page provided to defense counsel is the missing page. When page two is inserted between pages 2 and 3 of the government's memorandum it makes

Case 2:03-cr-01167-DGC

Document 1228 1 Filed 02/15/2006

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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

no sense and there appears to be text missing. The sentence which continues from page 1 onto page 2 reads, "On October 18, 2005, this Court ordered the to the defendants." (Portion on page two emphasized.). Thus, Mr. Watkins moves this court to order the government to comply with its October 2005 orders and file a complete copy of its memorandum. Respectfully submitted this 15th day of February, 2006.

_/s/_____________________ CARMEN L. FISCHER Attorney for Henry Watkins

Case 2:03-cr-01167-DGC

Document 1228 2 Filed 02/15/2006

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