Opinion
Criminal Case No. 10-cr-00317-REB-02
11-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. 2. RICHARD KELLOGG ARMSTRONG, Defendant.
Judge Robert E. Blackburn
AMENDED ORDER
I enter this amended order on the heels of the Order [#350] entered November 7, 2011, to recite correctly that this motion was not filed by Mr. Armstrong, but instead, purportedly by an organization that is not a party to this action.
Blackburn, J.
The matter is before me once again on the Motion For Leave To File An Amicus Curiae Brief [#334] filed October 19, 2011, by the "Legal Accountability Workgroup" by an unidentified representative. I deny the motion.
"[#334]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Having considered the record, the motion [#334], the proposed amicus brief [#326], and the response [#344], I find and conclude as follows: (1) that the proposed amicus brief is neither timely nor useful; (2) that the issues made the myopic focus of the proposed amicus brief has been considered and resolved; and (3) that the proposed amicus brief is not submitted by attorney who is a member of the bar of this court.Thus, the motion should be denied.
I adopt, approve, and incorporate the reasons stated, arguments advanced, and authorities cited by the government in its response [#344] filed October 31, 2011.
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THEREFORE, IT IS ORDERED as follows:
1. That the Motion For Leave To File An Amicus Curiae Brief [#334] filed October 19, 2011, by the Legal Accountability Workgroup is DENIED; and
2. That this amended order SUPPLANTS and SUPERSEDES the Order [#350] filed November 7, 2011.
Dated November 8, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge