Free Reply to Response - District Court of Arizona - Arizona

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Anders Rosenquist Jr., Bar No. #002724 ROSENQUIST & ASSOCIATES ATTORNEYS AT LAW 80 East Columbus Phoenix, AZ 85012 TELEPHONE: (480) 488-0102 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. NEIL RUSTY BOND, Defendant. REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR RELEASE PENDING APPEAL (expedited ruling requested) No. CR 03-0974-PHX-DGC

Defendant, Neil Rusty Bond (hereinafter "Defendant"), through undersigned counsel, hereby replies to Plaintiff's Response to his Motion for Release Pending Appeal and Request for Status Conference. After reviewing Plaintiff's Response, Defendant discovered that Plaintiff's only objection to Defendant's release during the pendency of his appeal, was that Defendant did not state sufficient facts to support a finding that there exists a "substantial question of law or fact likely to result in reversal, an order for a new trial or a reduced sentence." Plaintiff further claimed that it was Defendant's burden to establish that such a question exists. However, undersigned counsel was just appointed by this Court to represent Defendant on March 22, 2006. As stated in Defendant's Motion, he has a self-surrender date of March 31, 2006. On March 23, 2006, the day after undersigned counsel's appointment by this Court,
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undersigned counsel attempted to obtain the transcripts and file in this case from previous counsel. Previous counsel, Tim Holpzen, indicated that he would not have the record in this case available for undersigned counsel until he completed the copying of certain documents. He then indicated that he would contact undersigned counsel as soon as the file was ready. To date, undersigned counsel is not in receipt of any record in this case. Therefore, at the time the Motion for Release Pending Appeal was prepared, the only information undersigned counsel had to work with was the docket and conversations with Defendant. Due to the urgency of the Motion for Release Pending Appeal based on Defendant's self-surrender date, undersigned counsel put together the Motion based upon the information that he had. Counsel would suggest to the Court that if the Court were not inclined to grant Defendant's Motion for Release Pending Appeal at this time, then a reasonable alternative would be to set off Defendant's self-surrender date to allow time for undersigned counsel to obtain the record in this case and prepare a more factually complete Motion for Release Pending Appeal. WHEREFORE, Defendant respectfully requests this Court grant his Motion for Release Pending Appeal, or in the alternative, to set off set off Defendant's self-surrender date to allow time for the preparation of a more factually complete Motion for Release Pending Appeal. RESPECTFULLY SUBMITTED this 29th day of March 2006. ROSENQUIST & ASSOCIATES

By:

/s/ Anders Rosenquist Anders V. Rosenquist Attorney for Defendant

Case 2:03-cr-00974-DGC

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ORIGINAL filed this 29th day of March 2006 with: Office of the Clerk Arizona District Court COPY submitted this 29th day of March 2006 to: Honorable David G. Campbell Arizona District Court Michelle Rae Hamilton-Burns U.S. Attorney's Office Two Renaissance Square 40 N. Central Avenue, STE 1200 Phoenix, Arizona 85004 Counsel for Plaintiff Neil Rusty Bond

By:

/s/ Florence M. Bruemmer

Case 2:03-cr-00974-DGC

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