Conrad v. United States of America

Filing 9

ORDER RE: WITHDRAWAL OF MOTIONS. Signed by Judge William Alsup on 11/25/08. (sis, COURT STAFF) (Filed on 11/25/2008)

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 UNITED STATES OF AMERICA, Plaintiff, v. SADELL CONRAD, Defendant. / Defendant Conrad, acting pro se, filed -- as an opening pleading in a new case, C 081743 -- a motion in which he requested a reduction in sentence due to then-recent actions by the Sentencing Commission. In an order dated June 20, 2008, the Court requested that the filing be re-submitted as a motion in defendant's criminal case, CR 05-00595, and directed the matter to defendant's counsel in that case. The order requested the parties to respond with their positions on the filing. Defendant's counsel, Assistant Federal Public Defender Falk, responded and indicated the following: (1) it was her understanding that defendant was not eligible for a reduction in sentence on the grounds indicated in the filing; (2) defendant had filed the motion prior to a conversation with Ms. Falk in which Ms. Falk indicated to him that he was not eligible for a reduction in sentence; (3) due to current prison conditions, Ms. Falk was not permitted to speak with defendant personally, but defendant's case manager had informed Ms. Falk that defendant wished to withdraw the motion both from the new case, C 08-1743 (which she termed a habeas petition), and from defendant's criminal case, CR 05-595. ORDER RE WITHDRAWAL OF MOTIONS No. CR 05-00595 WHA IN THE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 The motion, therefore, is withdrawn from both matters. Case C 08-1743 is closed, and the Clerk's Office is instructed to close the file. IT IS SO ORDERED. Dated: November 25, 2008 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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