DEFENDANT'S MOTION FOR REASSIGNMENT OF THIS CASE TO THE HONORABLE JUDGE McKIBBEN FOR CONSOLIDATION WITH CASES 3:11-CR-015-HDM-VPC AND 3:08-CR-101-HDM-VPC

ROBERT C. JONES, District Judge.

CERTIFICATION: This Motion is timely filed since there is no filing deadline for filing of these motions.

Defendant, MARCUS ALLEN MARTINEZ, by and through his attorney of record, CYNTHIA S. HAHN, Assistant Federal Public Defender, hereby moves this Honorable Court for an order reassigning this case to the Honorable Judge McKibben and consolidating it with the defendant's pending federal supervised release violation hearings in criminal cases 3:11-CR-015-HDM-VPC and 3:08-CR-101-HDM-VPC.

This motion is made in the interest of judicial economy and to permit the adjudication of the three pending matters at the same time. Mr. Martinez's cases, 3:11-CR-015-HDM-VPC and 3:08-CR-101-HDM-VPC, are currently set for hearing on January 30, 2013 at 10:00 a.m.1 Mr. Martinez, undersigned counsel, and the government are in agreement in consolidating the three cases for disposition in front of Judge McKibben as a plea disposing of all cases has been offered by the government and accepted by Mr. Martinez.

Reassigning this case to Judge McKibben will permit the parties to consolidate the adjudication of the three matters before one judge and thus conserve judicial and prosecutorial resources. The probation department will also be able to prepare one presentence report that addresses all sentencing and supervised release issues involved in the three cases.

As stated, supra, Assistant United States Attorney, Carla B. Higginbotham, is in agreement with the reassignment and consolidation of this case as set forth above.

RESPECTFULLY SUBMITTED this 21st day of December, 2012.

IT IS SO ORDERED.