Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona TIMOTHY T. DUAX KEITH E. VERCAUTEREN Assistant U.S. Attorneys Arizona State Bar No. 012694 & 013439 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected] [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-1167-PHX-DGC Plaintiff, v. Craig T. Kelly, Defendant. The United States of America, by and through its attorney undersigned, hereby responds UNITED STATES' RESPONSE TO MOTION TO DISMISS COUNTS 1 AND 2 WITH PREJUDICE

15 to defendant CRAIG T. KELLY's request that this Court dismiss Counts 1 and 2 contained in 16 the Second Superseding Indictment with prejudice. Defendant CRAIG T. KELLY was only 17 charged in Counts 5, 12, 13, 14 and 15. On February 27, 2006, this Court ordered that the counts 18 against defendant KELLY were dismissed with prejudice. Defendant CRAIG T. KELLY was 19 never charged in Counts 1 and 2 of the Second Superseding Indictment. Therefore, defendant 20 CRAIG T. KELLY does not have any pending charges against him in this case and this Court 21 should deny the Motion to Dismiss Counts 1 and 2. 22 It is not expected that excludable delay under 18 U.S.C. § 3161 will occur as a result of

23 this motion or an order based thereon. 24 25 26 27 28 Respectfully submitted this 14th day of March, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Keith E. Vercauteren KEITH E. VERCAUTEREN Assistant United States Attorney
Case 2:03-cr-01167-DGC Document 1314 Filed 03/14/2006 Page 1 of 2

1 I hereby certify that on March 14, 2006, I electronically transmitted the attached 2 document to the Clerk's Office using the CM/ECF system for filing and 3 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 5 Joseph E. Abodeely, [email protected], [email protected] 6 7 s/ Keith E. Vercauteren KEITH E. VERCAUTEREN 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:03-cr-01167-DGC

Document 1314

Filed 03/14/2006

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