U.S. v. WILLIAMS, 1:13 cr 78. (2014)
Court: District Court, W.D. North Carolina
Number: infdco20140418g03
Visitors: 21
Filed: Apr. 17, 2014
Latest Update: Apr. 17, 2014
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. THIS MATTER has come before the undersigned pursuant to a Motion to Correct the Description of a Previously Forfeited Firearm (#29) filed by the Government. On February 24, 2013 the undersigned entered, with the consent of the parties, a Consent Order and Judgment of Forfeiture (#25). The Government now wishes to have the order amended. LCrR 47.1(B)entitled "Motions Practice in Criminal Cases" provides as follows: (B) Certificate of Conference With
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. THIS MATTER has come before the undersigned pursuant to a Motion to Correct the Description of a Previously Forfeited Firearm (#29) filed by the Government. On February 24, 2013 the undersigned entered, with the consent of the parties, a Consent Order and Judgment of Forfeiture (#25). The Government now wishes to have the order amended. LCrR 47.1(B)entitled "Motions Practice in Criminal Cases" provides as follows: (B) Certificate of Conference With F..
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ORDER
DENNIS L. HOWELL, Magistrate Judge.
THIS MATTER has come before the undersigned pursuant to a Motion to Correct the Description of a Previously Forfeited Firearm (#29) filed by the Government. On February 24, 2013 the undersigned entered, with the consent of the parties, a Consent Order and Judgment of Forfeiture (#25). The Government now wishes to have the order amended.
LCrR 47.1(B)entitled "Motions Practice in Criminal Cases" provides as follows:
(B) Certificate of Conference With Filing.
Pretrial motions, other than motions to suppress, ex parte motions, and notices (notice of substitution of counsel, notice of appearance, notice of intent to present certain types of evidence, etc.) shall include a certification that the moving party has conferred with opposing counsel and state opposing counsel's position on the relief sought, or an explanation as to why conferring should not be required under the circumstances. If a hearing on a motion is requested, counsel should estimate the length of such hearing.
The motion of the Government does not show there has been conference with counsel for Defendant, nor does the motion disclose opposing counsel's position on the relief sought. The motion does not show compliance with LCrR 47.1(B) and as a result, the undersigned will deny the motion of the Government without prejudice.
ORDER
IT IS, THEREFORE, ORDERED that the Motion to Correct the Description of a Previously Forfeited Firearm (#29) filed by the Government is hereby DENIED without prejudice.
Source: Leagle
