Free Motion to Continue - District Court of Arizona - Arizona

Alex D. Gonzalez State Bar No. 009699 GONZALEZ & SMITH, P.C. 1811 S. Alma School Road Suite 230 Mesa, Arizona 85210 (480) 491-9750 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff. ) ) ) v. ) ) FERMIN ORTIZ, ) Defendant. ) _________________________________) No. CR-04-50151-PHX-NVW MOTION TO CONTINUE ADMIT/DENY HEARING (Second Request)

Defendant, Fermin Ortiz, through undersigned counsel, respectfully asks this Court to continue the admit/deny hearing presently scheduled for August 1, 2006 to the same date and time as CR-05-1100-PHX-NVW. This motion is made pursuant to 18 U.S.C. Section 3161(h)(8)(A) and Rule 32.1(b)(2), Federal Rules of Criminal Procedure. The reasons for this request are as follows: 1.) discovery is still ongoing, 2.) the interests of justice require considering defendant's other pending matter in conjunction with this matter, 3.) undersigned counsel is in need of additional time in which to prepare for the scheduled hearing. Therefore, additional time is needed to review the relevant materials, and to properly prepare for the scheduled hearing. Counsel for the government, Brian Larson, has been contacted and has no objection to the requested continuance.

Case 2:04-cr-50151-NVW

Document 24

Filed 07/28/2006

Page 1 of 3

For the reasons stated, counsel for the defendant respectfully requests that the admit/deny hearing be continued to the same date and time as CR-05-1100-PHXNVW. Undersigned counsel expects that no excludable delay under Title 18 U.S.C. Section 3161(h) (8) (A) may occur as a result of this motion or from an order based thereon. Respectfully Submitted this 26th day of July, 2006.

By: ________________________ ALEX D. GONZALEZ Attorney for Defendant

Case 2:04-cr-50151-NVW

Document 24

Filed 07/28/2006

Page 2 of 3

Original Electronically Filed and one copy of the foregoing mailed this 26th day of July, 2006, to: CLERK OF THE COURT Sandra Day O'Connor US Courthouse Suite 130 401 W. Washington St. ­SPC-1 Phoenix, Arizona 85003-2118 Copy of the foregoing mailed this 26th day of July, 2006, to: BRIAN LARSON Assistant U.S. Attorney Two Renaissance Square 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 By: ANGELICA MARTINEZ

Case 2:04-cr-50151-NVW

Document 24

Filed 07/28/2006

Page 3 of 3