Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Michelle R. Hamilton-Burns Assistant U.S. Attorney Arizona State Bar No. 010269 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America,

9 Plaintiff, 10 v. 11 Neil Rusty Bond, 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

No. CR 03-0974-PHX-DGC RESPONSE TO DEFENDANT'S MOTION FOR A NEWLY APPOINTED U.S. DEFENSE ATTORNEY TO PROPERLY ASSIST IN IMMEDIATE FILING OF A LEGAL WRIT OF HABEAS CORPUS, ALONG WITH LEGAL REPRESENTATION FOR HABEAS CORPUS BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL (docket #180)

The United States of America, by and through its attorney, the United States Attorney for the District of Arizona, responds herein to defendant's Motion for a Newly Appointed U.S. Defense Attorney 1/ . The government does not take a position on defendant's request for newly appointed counsel. To the extent the defendant requests a new trial, the government requests that this court deny relief for the reasons that (1) the motion is far in excess of the page limits defined by Local Civil Rule 7.2(e), and (2) the request is untimely pursuant to Fed.R.Crim.Pr. 33, and (3) this court has already heard and denied defendant's previous requests for new trial on July 14, 2005 (docket #139), and in court on March 1, 2006.

Given the length of defendant's Motion title, it is abbreviated herein. Its full title is: Motion for a Newly Appointed U.S. Defense Attorney to Properly Assist in Immediate Filing of a Legal Writ of Habeas Corpus, Along With Legal Representation for Habeas Corpus Based on Ineffective Assistance of Counsel (docket #180).

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Case 2:03-cr-00974-DGC

Document 182

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It is expected that excludable delay under Title 18, United States Code, Section 3161(h)(1)(F) will occur as a result of this motion or an order based thereon. Respectfully submitted this 6th day of March, 2006. PAUL K. CHARLTON United States Attorney District of Arizona /s Michelle Hamilton-Burns Michelle R. Hamilton-Burns Assistant U.S. Attorney

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

I hereby certify that on this day, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: Neil Rusty Bond 4132 E. Alan Lane Phoenix, Arizona 85028

Case 2:03-cr-00974-DGC

Document 182

Filed 03/06/2006

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