Free Motion for Hearing on Motion - District Court of Arizona - Arizona

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Brian F. Russo, Esq. (018594) 111 West Monroe Street Suite 1212 Phoenix, Arizona (602) 340-1133 Attorney for Defendant Robert Johnston Jr. IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. ROBERT J. JOHNSTON, JR. (1), Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CR-03-1167-PHX-DGC DEFENDANT'S REQUEST FOR EXPEDITED ORAL ARGUMENT RE: MOTION TO DISMISS FOR FAILURE TO COMPLY WITH DISCLOSURE

COMES NOW the defendant by and through counsel, Brian F. Russo, and respectfully requests that this Court set an oral argument at the Court's earliest convenience on his Motion to Dismiss for Failure to Comply with Disclosure. The defendant submits that an oral argument is necessary because his Motion alleges that certain Rule 16 materials still have not been provided despite assurances by the Government that all discovery has been produced. The materials set forth in defendant's Motion are necessary to the preparation of many of the defendant's substantive Motions and certainly his trial preparation. All of the requested items set forth in defendant's Motion are verified either under oath or at pretrial interviews with the specific agents responsible for them. In other words, the defendant is not speculating as to their existence; rather the agents themselves state that these materials exists.

Case 2:03-cr-01167-DGC

Document 929

Filed 12/07/2005

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Therefore, defendant requests oral argument so that counsel may be heard on this issues set forth and respond to any and all questions to the Court's satisfaction and finally to know how to proceed accordingly in light of impending deadlines. RESPECTFULLY SUBMITTED this 7th day of December, 2005.

/s/Brian F. Russo Brian F. Russo Attorney for Robert J. Johnston, Jr. COPY of the foregoing Electronically mailed/delivered This 7th day of December, 2005, to: Tim Duax Keith Vercauteran Asst. U.S. Attorneys All Defense Counsel /s/

Case 2:03-cr-01167-DGC

Document 929

Filed 12/07/2005

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