IN THE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
V. : CRIMINAL NUMBERxx-xxxxx (CRR)
xxxx xxxxxxxxxxxx :
DEFENDANT'S EMERGENCY MOTION FOR
ESCORTED RELEASE TO ATTEND FUNERAL
xxxxxxxxxxxx, by his attorney, W. Gregory Spencer, Assistant Federal Public Defender, respectfully moves the Court for an ORDER directing the District of Columbia Department of Corrections and/or the United States Marshal Service to escort Mr. xxxxxxx to a viewing of the body of his deceased father. In support thereof, it is stated:
1. On August 22, 1994, Mr. xxxxxxx appeared before this Court and plead guilty to Count Four of the above captioned indictment. Count Four charged Mr. xxxxxxx with Unlawful Distribution of 50 Grams or More of Cocaine Base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii).
2. Presently, Mr. xxxxxxx is scheduled to be sentenced on November 17, 1994.
3. Presently, Mr. xxxxxxx (DCDC #243690) is in custody at the Lorton Facility of the District of Columbia Department of Corrections. Mr. xxxxxxx has been incarcerated since his arrest in this case on May 19, 1994.
4. At the time of his arrest in this case, Mr. xxxxxxx resided with his father, xxxxxxx.
5. On October 25, 1994, Mr. Charles Beatty died from cancer. 6. Counsel has verified the aforementioned death of Mr. xxxxxxx' father through other family members. Further, Counsel has verified that Mr. xxxxxxxx funeral arrangements are being handled by Marshall's Funeral Home, 4217 9th Street, N.W., Washington, D.C.
7. Counsel has been informed that Mr. xxxxxxxxxxx body will be prepared for viewing by 3:00 p.m., Friday, October 28, 1994. Further, that a public viewing of Mr. xxxxxxxxxxx body is scheduled for 10:00 a.m., Saturday, October 29, 1994, and that his funeral will follow the viewing.
8. Counsel has been informed that Marshall's Funeral Home can accommodate an escorted viewing by Mr. xxxxxxx on Friday, October 28, 1994, after 3:00 p.m., or on Saturday, October 29, 1994, before 10:00 a.m.
9. Linda Otani McKinney, the Assistant United States Attorney assigned to this case, has informed counsel that she does not oppose this request as long as Mr. xxxxxxx is escorted to the viewing by officials of a law enforcement agency i.e., D.C. Department of Corrections, United States Marshal Service, or the Metropolitan Police Department.
WHEREFORE, it is respectfully requested this Court issue an ORDER directing the District Columbia Department of Corrections to
arrange for Douglas xxxxxxx to be escorted to Marshall's Funeral Home for a viewing of his deceased father.
Respectfully submitted,
A.J. KRAMER
FEDERAL PUBLIC DEFENDER
W. GREGORY SPENCER
Assistant Federal Public Defender
625 Indiana Avenue, N.W., Suite 550
Washington, D.C. 20004
(202) 208-7500
CERTIFICATE OF SERVICE
I, W. Gregory Spencer, Assistant Federal Public Defender, hereby certify that I have served a copy of the attached Defendant's Emergency Motion For Escorted Release To Attend Funeral upon Linda Otani McKinney, Esquire, Assistant United States Attorney, by delivering a copy to box so designated at the United States Courthouse for the use of the United States Attorney's Office, Judiciary Center Building, 555 Fourth Street, N.W., Washington, DC 20001.
W. GREGORY SPENCER
Assistant Federal Public Defender
DATE:
Linda Otani McKinney, Esquire
Assistant United States Attorney
555 4th Street, N.W.
Washington, D.C. 20001
IN THE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
V. : CRIMINAL NUMBER xxxxxxxxxxxx (CRR)
DOUGLAS N. xxxxxxx :
O R D E R
AND NOW, this day of October, 1994,
it is hereby ORDERED that the District of Columbia Department of Corrections escort Lorton inmate xxxxx N. xxxxxxx, DCDC # 243690, to a viewing of his deceased father, xxxxxxxx, at Marshall's Funeral Home, 4217 9th Street, N.W., Washington, D.C., on Friday, October 28, 1994, after 3:00 p.m., or on Saturday, October 29, 1994, before 10:00 a.m.
BY THE COURT:
CHARLES R. RICHEY
UNITED STATES DISTRICT COURT JUDGE
cc: Linda Otani McKinney
Assistant United States Attorney
555 Fourth Street, N.W.
Washington, D.C. 20001
W. Gregory Spencer, Esquire
Assistant Federal Public Defender
625 Indiana Avenue, N.W., Suite 550
Washington, D.C. 20004