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Case 1:11-cr-00007-MHT -WC

Document 59

Filed 04/05/11

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

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vs.

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Case No: 1:11-CR-07-MHT-WC

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MONTY ERVIN, et al.,

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Defendant.

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MOTION TO TRANSPORT DEFENDANT

COMES NOW Defendant Monty Ervin, by and through the undersigned attorney, and moves

the Court to issue an order to the United States Marshall to transport Defendant to the jurisdiction

of the United States District Court for the Middle District of Alabama, showing the following:

1. The Defendant was arrested and brought before the United States District Court for the

Middle District of Florida for removal proceedings pursuant to Rule 5(c), Federal Rules of Criminal

Procedure on March 21 st and March 22 nd , 2011.

2. The Defendant elected to have his preliminary examination and detention hearing

conducted in the Middle District of Alabama, and notified the Court that he would retain counsel.

3. On March 22, 2011, United States Magistrate Judge Sheri Polster Chappell remanded the

Defendant to the custody of the United States Marshall and entered a commitment order directing

the U.S. Marshall to transport the Defendant to the Middle District of Alabama.

4.

The Defendant has now retained the undersigned counsel in the Middle District of

Alabama.

5.

As of this date, the Defendant remains within the jurisdiction of the Middle District of

Florida, to the prejudice of his right to effective assistance of counsel, right to participate in his own

Case 1:11-cr-00007-MHT -WC

Document 59

Filed 04/05/11

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defense and right to prepare an adequate defense to the charges brought against him.

WHEREFORE, Defendant moves the Court to enter an order directing the United States

Marshall’s service to immediately transport the Defendant to the Middle District of Alabama, and/or

to grant such other, further or different relief as is appropriate in the premises as well as all that will

promote equity, justice and the right to a fair trial.

s/ Derek E. Yarbrough Derek E. Yarbrough Bar Number: ASB-6664-R63D Attorney for Defendant Motley, Motley & Yarbrough, LLC Dan Clemmons Building 117 East Main Street Dothan, Alabama 36301 Telephone: (334) 793-0051 Fax: (334) 793-9845 E-mail: motley@graceba.net

Case 1:11-cr-00007-MHT -WC

Document 59

Filed 04/05/11

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CERTIFICATE OF SERVICE

I certify that on April 5, 2011, the foregoing motion on behalf of Monty Ervin was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:

Justin K. Gelfand Michael C. Boteler Trial Attorneys United States Department of Justice, Tax Division 601 D Street, N.W. Washington, D.C. 20004 (202) 616-9832 justin.k.gelfand@usdoj.gov

Leura G. Canary United States Attorney Middle District of Alabama 131 Clayton Street Montgomery, AL 36104 (334) 223-7280

and a copy has been mailed by United States Postal Service to the following non-CM/ECF participants: None

s/ Derek E. Yarbrough Derek E. Yarbrough Attorney for Defendant Motley, Motley & Yarbrough, LLC Dan Clemmons Building 117 East Main Street Dothan, Alabama 36301 Telephone: (334) 793-0051 Facsimile 793-9845 E-mail: motley@graceba.net