IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX UNITED STATES OF AMERICA : CRIMINAL ACTION : v. : : JAMES A. AUFFENBERG, JR., : et al. : NO. 07-0047 ORDER AND NOW this 18th day of September, 2008, it appearing that defendants have withdrawn their challenge under United States v. Starks, 515 F.2d 112 (3d Cir. 1975), to the audio recording designated by the Government as "Number 130", it is hereby ORDERED that the Starks hearing scheduled for September 23, 2008 at 2:00 p.m. is cancelled. BY THE COURT: /s/ Harvey Bartle III HARVEY BARTLE III C.J. SITTING BY DESIGNATION Case: 1:07-cr-00047-HB-GWB Document #: 406 Filed: 09/18/08 Page 1 of 1