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United States of America v. Thomas Klassy

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 24, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
THOMAS KLASSY,
DEFENDANT.

The opinion of the court was delivered by: Judge: Morrison C. England, Jr.

DANIEL BRODERICK Bar #89424 Federal Defender CARO MARKS, Bar #159267 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorneys for Defendant THOMAS KLASSY

DEFENDANT'S APPLICATION AND ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

Date: April 14, 2011 Time: 9:00 a.m.

Defendant, THOMAS KLASSY, through counsel, hereby applies for a writ of habeas corpus ad testificandum, requiring the production of Mr. Klassy at the re-sentencing hearing now set in this matter for April 14, 2011. Mr. Klassy has the right to be personally present. Rule 43(a), Fed. R. Crim. P. As the Advisory Committee Notes specify, a sentencing proceeding conducted on remand from the appellate court requires the defendant's presence.

Rule 43, Advisory Committee Notes to 1998 Amendments.

Dated: March 4, 2011 Respectfully submitted,

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

NO. Cr-S-05-503 MCE

UNITED STATES OF AMERICA, Plaintiff, v. THOMAS KLASSY, Defendant.

Date: April 14, 2011 Time: 9:00 a.m.

ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM

Judge: Morrison C. England, Jr.

THOMAS KLASSY, Reg. No. 15798-097, defendant in proceedings in the aforementioned case is confined at FCI Sheridan, 27072 Ballston Road, Sheridan, Oregon, 97378, in the custody of the Warden; in order to secure this prisoner's attendance it is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to produce the prisoner in Court, 14th Floor, Courtroom #7, United States Courthouse, 501 "I" Street, Sacramento, California on April 14,2011, at 9:00 a.m.

ACCORDINGLY, IT IS ORDERED that:

1. A Writ of Habeas Corpus Testificandum issue, under the seal of this court, commanding the Warden to produce the prisoner named above to testify in United States District Court at the time and place above, and from day to day until completion of court proceedings or as ordered by the court; and thereafter to return the prisoner to the above institution;

2. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and

3. The Clerk of the Court is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the United States Marshals Service, 501 "I" Street, Sacramento, California, 95814. The USM is directed to commence arrangements for the transportation of the inmate, so that he may be housed at a local jail facility by Tuesday, April 5, 2010, so that he is available for interviews with his appointed counsel.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM To: The Warden Of FCI Sheridan, 27072 Ballston Road, Sheridan, Oregon

97378: WE COMMAND you to produce the prisoner named above to testify before the United States District Court at the time and place above, and from day to day until completion of the proceedings or as ordered by the court; and thereafter to return the prisoner to the above institution.

FURTHER, you have been ordered to notify the court of any change in custody of the prisoner and have been ordered to provide the new custodian with a copy of this writ.

MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

20110324

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