.. IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

UNITED STATES OF AMERICA, 

v. 

DAVID CALHOUN 

Case no. 05-cr-363 

Cynthia Rufe, Judge 

DEFENDANT/PETITIONER'S RESPONSE TO COURT ORDER DATED 

OCTOBER 26. 2018 

COMES NOW, David Calhoun, defendant/petitioner, pro se, and 

hereby responds (as di·rected) to the Court's Order dated October 

26, 2018 that requests the parties to respond and provide the 

current status of a prior motion (Dkt. #675). Mr. Calhoun responds: 

1. Mr. Calhoun has attached hereto a copy of a letter he has 

sent to prior counsel requesting verification that she had indeed 

turned over all requested materials to stand-by counsel. 

2. Upon prior counsel's representation that she had indeed 

turned over all materials described in Dkt. #675 --Mr. Calhoun's 

Motion to Compel Prior Counsel to Turn Over Case File, Mr. Calhoun 

will withdraw said motion. 

3. The withdraw of said motio? is solely conting~t upon prior 

counsel '-s representa.ti.on and should .. prior...: couasel so :-respond that~: -

all requested materials were provided to stand-by counsel or a 

representative ot Ballard Spahr, this Court may immediately deem 

said motion as withdrawn. 

Respectfully submitted, 

DATE: October 29, 2018 

Case 2:05-cr-00363-CMR Document 698 Filed 11/05/18 Page 1 of 4
CERTIFICATE OF SERVICE 

1 David Calhoun hereby certify that I have caused to be served 

a true and corre~t copy of the foregoing Response to Court Order 

dated October 26. 2018 upon counsei for the government by depositing 

said copy into the prison legal mail service at FDC Philadelphia 

with first-class U.S. Postage affixed and addressed as follows: 

Joel Goldstein, AUSA, U.S. Atty's Office 

615 Chestnut Street. Suite 1250 

Philadelphia, PA 19106 

DATE: October 30, 2018 

David Calhoun, pro se 

Fed. Reg. No. 59771-066 

FDC Philadelphia 

P.O. Box 562 

Philadelphia, PA 19106 

Case 2:05-cr-00363-CMR Document 698 Filed 11/05/18 Page 2 of 4
¢.)59771-066¢.) 

Ellen Brotman 

Attorney at Law 

1 S Broad ST 

Swte 1500 

Ph1ladelph1a. PA 19107 

United States 

David Calhoun 

Fed. Reg. no. 59771-066 

FDC Philadelphia 

P.O. Box 562 

Philadelphia, PA 19106 

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October 29, 2018 

RE: U.S. v. -Calhoun, Case No-. 05-cr-363, USDC E.D.Pa. 

Subject: Motion to Compel Prior Counsel to Turn Over Case File 

Dear.-Ms. Brotman, 

I hope this letter finds you wetl. I am writing because I 

was prompted by the District Court's Order dated October 26, 2018 

directing me to respond to said Order as it relates to a motion 

to compel I had filed well over a year ago. Please forgive my 

hasty attempt to resolve this matter and please forgive the fact 

that my memory as to what had transpired between you and my standby counsel long ago in 2017 is somewhat vague. 

Please respond to the Court acknowledging that you have indeed 

turned over all documents to stand-by counsel (or a representative 

from his firm) that are described in Docket #675 (said motion to 

compel). Upon your representation to such, I will gladly withdraw 

the motion to compel. 

Although I believe I have all of the transcripts from the case, 

it has been so long that I am not sure whether that is true. However, 

as long as stand-by counsel is in possession of all of said documents 

I can work out any details of obtaining those not in my possession 

from stand-by. 

. Thank you for all _of _y~:rnr attention_i.11 this matter. 1' copy of 

the Court's Order dated October 26, 2018 is enclosed tor your 

records. 

Respectfully, 

D~&~ David Calhoun 

Enc. 

Case 2:05-cr-00363-CMR Document 698 Filed 11/05/18 Page 3 of 4
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1: IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

qNITED STATES OF AMERICA 

,W 

i!, 

;1t 

If 

v. 

qA VID CALHOUN 

,:!i Petitioner. 

•' 

CRIMINAL ACTION NO. 05-363 

ORDER 

- ;1 - -AND NOW; this 26th tlay uf-ectobei-2018-, upon-review ofDefendant David Calhoun.'.s. 

Ii~ 

r0otion to Compel Prior Counsel to Turn Over his Case File [Doc. 675], it is hereby ORDERED 

1ir 

that parties are directed to provide the Court with the status of this Motion, whether or not it is ~ JI! 

~iw moot, and whether Def end ant David Calhoun shall withdraw this Motion. 1 

:;~ 

" 1:, IT IS SO ORDERED. 

I! 

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1 in this Motion, which was tiled on May 17, 2017, Defendant David Calhoun asked for documents, including 

t&nscnpts. However, it appears that Defendant Calhoun must have such transcripts because he has since filed a 

M~otion to Correct the Record in Transcripts, and has cited to specific instances in the record [Doc. 692]. 

Atlditionally, in his traverse brief in reply to the Government's response in opposition to his amended habeas 

p:~tition [Doc. 690), Defendant Calhoun has provided ample citations to various records and documents that he is 

s~leking from this Motion. 

I' 

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Case 2:05-cr-00363-CMR Document 698 Filed 11/05/18 Page 4 of 4