MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 177

MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Doc. 177

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DANIEL G. KNAUSS United States Attorney District of Arizona JERRY R. ALBERT Assistant U.S. Attorney State Bar No. 011370 United States Courthouse 405 W. Congress Street, Suite 4800 Tucson, Arizona 85701 Telephone: [phone] [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, v. Plaintiff, Mag. No. 07-0665M NOTICE OF INTENT TO DESTROY CONTRABAND

Jose Luis Nevarez-Tarango, Defendant.

The United States, by and through counsel undersigned, and by authority of the United States Attorney General pursuant to 21 U.S.C. §881(f)(2) and 28 CFR 50.21, hereby provides notice that the contraband seized in the above complaint, information or indictment filed in this matter, will be destroyed after sixty (60) days from the date of notice provided by the seizing agency to the United States Attorney's Office. The date of that notice is May 23, 2007. If the defense desires to reweigh, retest or analyze the contraband prior to its destruction, the defense shall file a motion with the court within fourteen (14) days of the date of this notice of intent to destroy setting forth the basis for which an extended retention is sought and providing a reasonable time frame to accomplish same. Should the defense file a motion for extended retention, the government respectfully requests a prompt hearing on the merits

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of this request. The defense will also make arrangements directly with the assigned Assistant United States Attorney to make arrangements for the reweigh, testing, examination, etc. Failure of the defense to file a motion within fourteen (14) days indicating a need for preservation of the contraband beyond the mandated sixty (60) days will be deemed as consent by the defendant to the destruction of the contraband in excess of the representative sample maintained for use at trial. Excludable delay under 18 U.S.C. §3161(h) may occur as a result of this notice or an order based thereon. Respectfully submitted this 8th day of June, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Jerry R. Albert JERRY R. ALBERT Assistant U.S. Attorney Copy of the foregoing served electronically or by other means this 8th day of June, 2007, to: Myrna Beards, Esq.

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