The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
EX PARTE REQUEST TO WITHDRAW DEFENDANT'S APPLICATIONS PERTAINING TO RULE 17(c) SUBPOENAS AND ORDERS RELATING THERETO; ORDER
Defendant, Alejandro Ortega, hereby makes this ex parte application for an order nunc pro tunc that any and all ex parte applications, submitted on or before the date of this application by Defendant under Rule 17(c) of the Federal Rules of Criminal Procedure, and related proposed orders and orders be withdrawn and not filed.
Respectfully submitted, DANIEL J. BRODERICK FEDERAL DEFENDER
DATED: April 24, 2009 /s/ Marc Days
MARC DAYS Assistant Federal Defender Attorney for Defendant ALEJANDRO ORTEGA
The Court has not only received the instant motion which is consistent with the choice provided to the Defendant at the hearing on April 10, 2009, but it has also received and reviewed Real Party In Interest, The California Highway Patrol's (CHP) opposition to the instant motion. CHP gives no reason for the opposition except that it fears that there may be an appellate issue involving the 17b subpoena served upon them. There is no indication what that appellate issue may be. By the request made by the Defense in this case, the Defendant is asking that the matter be treated as though the request was never made. Under those circumstances, there would be nothing concerning non-existent, non-filed subpoenas from which to appeal.
The court hereby GRANTS Defendant's application to withdraw defendant's applications pertaining to Rule 17(c) subpoenas and orders relating thereto, and orders nunc pro tunc that any and all ex parte applications submitted, on or before the date of Defendant's application, by Defendant under Rule 17(c) of the Federal Rules of Criminal Procedure, and related proposed orders and orders be withdrawn and not filed.
This Order is to be served on all parties, as well as counsel for the CHP and counsel for the City of Fresno.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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