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

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CROWE & SCOTT, P.A.
1100 E. Washington St. Suite 200 Phoenix, Arizona 85034-1090 Telephone (602)252-2570 Facsimile (602) 252-1939 Email: [email protected] Tom Crowe (#002180) Attorneys for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) Plaintiff, ) v. ) ) Kim Houston, ) ) Defendant. ) _____________________________________) No. CR03-00881-003-PHX-FJM
MOTION FOR ORDER DIRECTING U.S. MARSHAL TO TRANSPORT DEFENDANT FOR FUNERAL VISITATION AND REQUEST FOR EXPEDITED RULING

Defendant, Kim Houston, by and through counsel undersigned, moves this Court for an order directing the U.S. Marshal to transport the Defendant to attend visitation in connection with the funeral of his grandfather, Herbert Houston, who died on November 28, 2007. Herbert Houston's viewing and funeral is scheduled for Saturday, December 8, 2007 at 10:00 a.m. at the AZUSA World Ministries, 5109 W. Thomas Road, Phoenix, 85031. The services are being conducted by Dr. Alfred Craig, Sr., telephone number 602-757-3591 x113. The U.S. Marshal, by and through Operations Supervisor Rick Taylor, advises that the U.S. Marshal does not take positions with respect to motions such as these and that if ordered by the Court to transport the Defendant, the U.S. Marshal will dictate the appropriate security measures to be taken. The government has not been contacted with respect to its position on this motion but it is anticipated that the government will take the same position as it did on Defendant's motion for a death visit; namely, defer to the Court. (See Doc. No. 103.) Probation has not been contacted with respect to this motion as the Defendant is not currently on probation nor will he be on supervised release following his release. Defendant's prior motion for a death visit was filed on November 9, 2007 and

Case 2:03-cr-00881-FJM

Document 106

Filed 11/30/2007

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remained pending as of the date of Herbert Houston's death on November 28, 2007. Accordingly, an expedited ruling is requested herein. DATED this 30th of November, 2007. CROWE & SCOTT, P.A.

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By
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s/ Tom Crowe Tom Crowe 1100 East Washington, Suite 200 Phoenix, Arizona 85034-1090 Attorneys for Defendant

I hereby certify that on November 30, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants in this case: Darcy A Cerow [email protected], [email protected] Tom Crowe [email protected], [email protected] By s/ Cindy Malyuk

Case 2:03-cr-00881-FJM

Document 106

Filed 11/30/2007

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