BARRY J. PORTMAN
Federal Public Defender
Assistant Federal Public Defender
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone:
(415) 436-7700
Counsel for Defendant XXXXXX
IN THE
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
|
UNITED STATES OF AMERICA, Plaintiff, v. XXX XXXXXX, XXX XXXXXX, and XXXX, Defendants.
|
|
) ) ) ) ) ) ) ) ) ) ) ) |
No. CR 00-0000 XXX DEFENDANT=S POINTS AND AUTHORITIES IN
SUPPORT OF A SECOND PETITION FOR A WRIT OF HABEAS AD TESTIFICATUM |
|
|
|
|
|
|
|
In this motion Mr. XXXXXX moves for the
second time that the United States Marshal transport material witness Efran
Lainez-Miranda from Tennessee or Kentucky to the Northern District of
California, San Francisco for an appearance before Magistrate Judge Laporte on
Thursday, November 30 at 9:30 for identification of counsel.
Mr. XXXXXX further moves for production of
Mr. Lainez-Miranda before this Court on Wednesday, December 13, 2000 at 2:00
for his testimony in an evidentiary hearing.
This Court has previously signed a similar
writ for the same witness; extenuating circumstances prevented the witness from
being presented at the previous evidentiary hearing.
At a status appearance before this Court on
October 26, 2000, the Court explained that it would base its decision regarding
the issuance of this writ on defendant XXXXXX=s previous memorandum of points and
authorities and the government=s
previous response.
A petition, proposed order, and writ to this
effect are attached.
Dated: October 27, 2000
Respectfully submitted,
BARRY J. PORTMAN
Federal Public Defender
STEVEN G. KALAR
Assistant Federal Public Defender
