IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 13, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
NEDDE MAX MURPHY, JR., DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Lawrence K. Karlton
WHEREAS the court has filed an order dismissing the indictment in the above case, and;
WHEREAS the government has filed a notice of appeal from that order as well as a motion for a stay of release of Mr. Murphy pending that appeal, which motion has been calendared for hearing on February 18, 2009, and;
WHEREAS the government has cited in its motion and memorandum the existence of an arrest warrant lodged with the United States Marshal of this district as a detainer against Mr. Murphy by the state of Idaho, and
WHEREAS, counsel for Mr. Murphy avers that the terms thereof are pertinent to this court's consideration of the pending motion for a stay, and that while counsel has been permitted to view the detainer in the U.S. Marshal's file, he has not been permitted to obtain a copy of the detainer or related documents, and;
WHEREAS, counsel represents that possession of a copy of the Idaho complaint and warrant are necessary in order for him to adequately represent Mr. Murphy in connection with the pending motion for a stay of release pending appeal;
THEREFORE the United States Marshal is directed to make a copy of the Idaho detainer, arrest warrant, complaint, and any accompanying declaration or affidavit in support of these documents available to defense counsel by the end of business on February 13, 2009.
IT IS SO ORDERED.
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