Free Motion to Continue - District Court of Arizona - Arizona

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MICHAEL L. FREEMAN 320 E. Virginia, Suite 200 Phoenix, Arizona 85004-1225 (602) 843-9653 Office (602) 285-1224 Facsimile e-mail: [email protected] State Bar No. 010237 Attorney for Defendant HARRIS REED

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff, v. CAROLYN A. HARRIS REED, Defendant. ) ) ) ) ) ) ) ) ) Case No. CR03-00421-PHX-SMM CORRECTED MOTION TO RESET SELF SURRENDER DATE FIRST REQUEST ( Opposed by Government) (Before the Honorable Stephen M. McNamee)

COMES NOW Defendant, Carolyn Harris Reed, through undersigned counsel, and respectfully requests this Honorable Court reset the self surrender date from November 18, 2005, to January 10, 2006. The Defendant has filed an Appeal and will be filing a Rule 2255 Motion to Vacate the Sentence. It is expected to be filed within thirty days and is awaiting a ruling on a motion to unseal a hearing to allow counsel to obtain a transcript of the Defendant's attempts to get a new attorney. The basis for the Motion is ineffective assistance and additional time is needed to obtain transcripts from sealed hearings concerning her trial attorney's effective assistance. Affidavits will show the defendant pled guilty since she felt her own lawyer was not prepared and her guilty plea would allow her brother and friend to avoid a trial where they were told they would receive thirty years in prison if Carolyn did not take the offer by the Government. The defendant had been allowed to self-surrender and remains employed at DES and living at her same address at 1920 East St. Anne with her three children. She has taken steps to have her mother have full legal rights to care for her children during her incarceration. She has filed a Petition for Permanent Appointment of Guardian of a Minor along with her consent to have Minnie Harris

Case 2:03-cr-00421-SMM

Document 523

Filed 11/01/2005

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appointed in Maricopa Cause Number JG500562. The petition has not yet been granted and the defendant would like to have her children situated. Undersigned counsel has spoken with Assistant United States Attorney Keith Vercauteren who opposes this request to delay the self-surrender date. Undersigned counsel needs the additional time to complete the appeal and the 2255 motion. A date was requested in 2006 to allow the surrender and designation to occur smoothly without interference from the holidays and to allow the Defendant to remain free for the family holidays. As of October 31, 2005, she still had not been designated for a facility. RESPECTFULLY SUBMITTED this 1st day of November, 2005. /s/ Michael L. Freeman MICHAEL L. FREEMAN Attorney for Defendant HARRIS REED e-mail: [email protected] 320 E. Virginia, Suite 200 Phoenix, Arizona 85004-1225 (602) 843-9653 Office (602) 285-1224 Facsimile State Bar No. 010237

CERTIFICATE OF SERVICE I, Michael L. Freeman, certify that on the 1st day of November, 2005, I electronically transmitted the foregoing document to the Clerk of the United States District Court, District of Arizona, using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Keith Vercauteren Email: [email protected] Assistant United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for the Government Copy of the foregoing mailed this 1st day of November, 2005, to: Carolyn Harris Reed Defendant /s/ Michael L. Freeman By -2Case 2:03-cr-00421-SMM Document 523 Filed 11/01/2005 Page 2 of 3

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Michael L. Freeman, Esq.

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