Free Motion to Transport Defendant - District Court of Arizona - Arizona

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 E-mail: [email protected] Attorney for Defendant UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA

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UNITED STATES OF AMERICA
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Plaintiff,
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vs.
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SHEILA M. ISABELL, et al.,
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Defendant
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) ) ) ) ) ) ) )

Case No.:

CR 03-1082-001-PHX-MHM

MOTION FOR PROVISION OF TRANSPORTATION EXPENSES

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, and pursuant to 18
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USC § 4285, hereby moves the Court to order that the United States Marshal Service arrange
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for and pay for Ms. Isabell's non-custodial transportation from Chillicothe, Ohio, to Phoenix,
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Arizona, for the purposes of Ms. Isabell entering a change of plea in the above
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captioned case. Counsel would urge the Court to find that it is Ms. Isabell's affidavit of
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indigency which resulted in the appointment of undersigned counsel pursuant to the Criminal
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Justice Act is sufficient evidence of Ms. Isabell's indigency to justify the granting of an order
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pursuant to this motion. Counsel would further move the Court to order the Marshal's Service
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to furnish Ms. Isabell with subsistence expenses for her travel pursuant to law. Counsel has
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contacted Assistant United States Attorney, John Lopez, who has authorized counsel to state
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that the government does not oppose this motion. Excludible delay pursuant to 18 USC § 3161(h)(1)(H) will occur as a result of this motion being filed.

Case 2:03-cr-01082-MHM

Document 74

Filed 01/23/2007

Page 1 of 4

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RESPECTFULLY SUBMITTED this 23th day of January, 2007.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 23th day of January, 2007, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 74

Filed 01/23/2007

Page 2 of 4

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 E-mail: [email protected] Attorney for Defendant UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA

8

UNITED STATES OF AMERICA
9

Plaintiff,
10

vs.
11

SHEILA M. ISABELL, et al.,
12

Defendant
13 14

) ) ) ) ) ) ) )

Case No.:

CR 03-1082-001-PHX-MHM

MOTION FOR PROVISION OF TRANSPORTATION EXPENSES

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, and pursuant to 18
15

USC § 4285, hereby moves the Court to order that the United States Marshal Service arrange
16

for and pay for Ms. Isabell's non-custodial transportation from Chillicothe, Ohio, to Phoenix,
17

Arizona, for the purposes of Ms. Isabell entering a change of plea in the above
18

captioned case. Counsel would urge the Court to find that it is Ms. Isabell's affidavit of
19

indigency which resulted in the appointment of undersigned counsel pursuant to the Criminal
20

Justice Act is sufficient evidence of Ms. Isabell's indigency to justify the granting of an order
21

pursuant to this motion. Counsel would further move the Court to order the Marshal's Service
22

to furnish Ms. Isabell with subsistence expenses for her travel pursuant to law. Counsel has
23

contacted Assistant United States Attorney, John Lopez, who has authorized counsel to state
24 25 26 27 28

that the government does not oppose this motion. Excludible delay pursuant to 18 USC § 3161(h)(1)(H) will occur as a result of this motion being filed.

Case 2:03-cr-01082-MHM

Document 74

Filed 01/23/2007

Page 3 of 4

1

RESPECTFULLY SUBMITTED this 23th day of January, 2007.
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 23th day of January, 2007, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 74

Filed 01/23/2007

Page 4 of 4