Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 489

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C y g n u s Systems, Inc. v. Microsoft Corporation, et al D o c . 489 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D A N I E L G. KNAUSS U n ite d States Attorney D is tr ic t of Arizona T I M O T H Y F. ANDREW S A s s is ta n t United States Attorney 4 0 3 5 South Avenue A Y u m a ,, Arizona 85365 A r iz o n a State Bar No. 021658 T e le p h o n e (928) 344-1087 tim .a nd r e w s @ u s d o j .g o v U N IT E D STATES DISTRICT COURT D IS T R IC T OF ARIZONA U n ite d States of America, C R -0 6 -3 8 8 -P H X -R O S P l a in tif f , v. A le ja n d ro Ruiz-Ibarra, D e f e n d a n t. T h e United States of America, by and through undersigned counsel, hereby submits this re sp o n s e to defense counsel's third motion to withdraw as counsel of record. Defense counsel h a s moved to withdraw because of an apparent communication breakdown with her client. The g o v e rn m e n t opposes the motion. A defendant in a criminal prosecution has the right to a speedy and public trial. 6 th A m e n d m e n d . This fundamental right, however, exists not only for the defendant but also for the p u b lic, whose speedy trial right "exists separate from, and at times in opposition to, the interests o f the accused." U.S. v. Tanh Huu Lam, 251 F.3d 852, 855 (9 th Cir. 2001)(citing Barker v. W in g o , 407 U.S. 514, 519 (1972)). When Congress designed the Speedy Trial Act, it did so "in p a rt to protect the public's interest in the speedy administration of justice." U.S. v. Hall, 181 F .3 d 1057, 1062 (9 th Cir. 1999). "Accordingly, regardless of the willingness of counsel to accept p re trial delay, the Speedy Trial Act assigns district courts an independent responsibility to p ro te c t both the defendant's and the public's strong interest in the timely administration of ju s tic e ." U.S. v. Messer, 197 F.3d 330, 337 (9 th Cir. 1999). W h ile the government is mindful of the fact that defense counsel is experiencing d if f ic u lty as of late in communicating with her client, and that she has not been paid the balance G O V E R N M E N T 'S RESPONSE TO D E F E N S E COUNSEL'S THIRD M O T IO N TO WITHDRAW AS C O U N S E L OF RECORD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o f her fee, the government respectfully asserts the public's interest in the timely disposition of th is case under the Speedy Trial Act. The defendant has been in pre-trial custody for more than 1 4 months, and the government is of the opinion that the interest of the public in resolving this c a se outweighs the interest the defendant may have in continuing it for the purpose of receiving a new attorney. Respectfully submitted this 8th day of June 2007. D A N IE L G. KNAUSS U n ite d States Attorney D is tric t of Arizona s/ Timothy F. Andrews TIMOTHY F. ANDREWS A s s is ta n t United States Attorney CERTIFICATE OF SERVICE I hereby certify that, on June 8, 2007, I transmitted the attached document to the clerk's o f f ic e using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the f o l lo w in g CM/ECF registrants: E rin M. Alavez A tto rn e y for Defendant b y: s/ Timothy F. Andrews T im o t h y F. Andrews 27 28 2

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