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Gregory J. Kuykendall, Bar # 012508

Amy P. Knight, Bar # 031374

KUYKENDALL & ASSOCIATES

531 S Convent Avenue

Tucson, AZ 85701

(520) 792-8033

greg@kuykendall-law.com

amyknight@kuykendall-law.com

Attorneys for Defendant Scott Daniel Warren

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

SCOTT DANIEL WARREN,

Defendant.

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No.CR-18-00223-001-TUC-RCC(DTF)

MOTION TO WITHDRAW 

DOCUMENT

Defendant, Scott Daniel Warren, Ph.D., by and through his attorneys 

undersigned, Gregory J. Kuykendall, and Amy P. Knight, hereby requests that the 

Court allow him to withdraw the version of his Motion to Dismiss Indictment due to 

Selective Enforcement filed as Doc. No. 180. 

As the Court knows, the defense filed a motion to exceed page limitation and 

lodged a proposed motion to dismiss on March 14 (Doc. 171). Judge Collins issued 

an order on March 15 (Doc 176) granting the motion, and then filed a second order 
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a few minutes later (Doc. 177) reconsidering and denying the motion to exceed page 

limitation.

Subsequently, the defense filed two things: (1) a second motion to exceed 

page limitation (Doc. 178), with a lodged proposed motion that was a somewhat 

shorter version of one lodged the previous day but still exceeded what the local rules 

permit without permission; and (2) a significantly truncated version of the motion to 

dismiss (Doc. 180) that complied with the local rules and thus did not require a 

motion to exceed page limitation but omitted material the defense still wished to 

present. This was due to the court’s substantive motions deadline for the case being 

March 15; because the defense could not be sure they would know before the end of 

the day whether the second motion to exceed page limitation would be granted, they

filed the truncated version to ensure that some version of the motion would be 

properly filed within the deadline.

On March 27, 2019, the Court advised the parties by email that the second 

motion to exceed page limits would be granted, and on April 1, the Court in fact 

granted the second motion to exceed page limits. Doc. 185. The clerk accordingly 

filed the lodged proposed motion. Doc. 186. 

Accordingly, the shortest version of the motion, Doc. 180, which was properly 

filed without requiring the Court’s permission, is now redundant with the version 

this Court directed the Clerk to file via its April 1 order, and defendant now seeks to 
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withdraw the truncated version, Doc. 180, leaving the operative version of the 

motion as Doc. No. 186.

RESPECTFULLY SUBMITTED this 1st day of April, 2019.

By /s/ Amy P. Knight

Gregory J. Kuykendall

Amy P. Knight

531 S Convent Avenue

Tucson, AZ 85701

Attorneys for Defendant Scott 

Daniel Warren

CERTIFICATE OF SERVICE

I certify that on April 1st, 2019, I electronically transmitted a PDF version of 

this document to the Clerk of Court using the CM/ECF System for filing and for 

transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 

Nathaniel J. Walters, Esq. (email: Nathaniel.walters@usdoj.gov) 

Anna R. Wright, Esq. (email: anna.wright@usdoj.gov) 

United States Attorney’s Office 

405 W. Congress, Suite 4800 

Tucson, AZ 85701