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U.S. v. Gomes, 1:11 cr 84. (2018)

Court: District Court, W.D. North Carolina Number: infdco20180821c86 Visitors: 14
Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . Before the Court is the Motion for Wirt of Execution [# 72]. The Motion, however, did not outline if the Government has complied with North Carolina law and its notice provisions. See N.C. GEN. STAT. 1C-1601(9), 1C-1603(a)(4). If the Government does not wish to comply, the Court requests that the Government outline what authority the Court would have to issue an execution without the Government complying with the notice requirement. See also
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ORDER

Before the Court is the Motion for Wirt of Execution [# 72]. The Motion, however, did not outline if the Government has complied with North Carolina law and its notice provisions. See N.C. GEN. STAT. §§ 1C-1601(9), 1C-1603(a)(4). If the Government does not wish to comply, the Court requests that the Government outline what authority the Court would have to issue an execution without the Government complying with the notice requirement. See also N.C. GEN. STAT. § 1C-1601(e)(1).

Accordingly, the Court DENIES the Motion [# 72] without prejudice. The Court DIRECTS that when the Government refiles is must include a brief addressing the issues raised in this Order.

Source:  Leagle

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