Opinion
CASE NO. 2:11-CR-00289 WBS
10-13-2011
UNITED STATES OF AMERCICA, Plaintiff, v. ANTONIO MORENO-NANEZ, and FERNANDO MORENO-CAMACHO, Defendants.
BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant United States Attorney
BENJAMIN B. WAGNER
United States Attorney
TODD A. PICKLES
Assistant United States Attorney
Attorneys for United States of America
UNITED STATES OF AMERICA'S REQUEST TO FILE SUR-REPLY REGARDING
DEFENDANTS' REQUEST FOR EVIDENTIARY HEARING AND [PROPOSED] ORDER
Judge: Hon. William B. Shubb
REQUEST FOR LEAVE OF COURT TO FILE SUR-REPLY
The United States hereby requests leave of Court to file a sur-reply regarding the need for an evidentiary hearing on Defendants' Motions to Suppress [Docket Entries 16-17]. Defendant Antonio Moreno-Nanez did not request such a hearing in his moving papers and defendant Fernando Moreno-Camacho included only two conclusory sentences regarding an evidentiary hearing. In contrast, Defendants' Joint Reply is almost entirely focused on the need for such a hearing. Accordingly, the United States requests leave to file a sur-reply responding to Defendants' arguments that an evidentiary hearing is warranted. The United States further reserves the right to make further arguments at the hearing on October 17, 2011, as permitted by the Court.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
TODD A. PICKLES
Assistant United States Attorney
ORDER
This matter came before the Court on the United States's Request for Leave to File Sur-Reply. For the reasons stated in the United States's Request, and good cause showing, the Court GRANTS the United States leave to file its Sur-Reply.
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE