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 (First Request)

Defendant, Fermin Ortiz, through undersigned counsel, respectfully asks this Court to continue the admit/deny hearing presently scheduled for May 22, 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.) undersigned counsel will be starting a felony trial in Superior Court before the Honorable David K. Udall on State v. Rodriguez, CR-2005-033870-001SE on May 22, 2006 and is expected to take at least 7-10 days to complete 2.) discovery is still ongoing, 3.) the interests of justice require considering defendant's other pending matter in conjunction with this matter, 4.) undersigned counsel is in need of additional time in which to prepare for the scheduled hearing. Therefore, additional time is needed to review the

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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. 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 15th day of May, 2006.

By: ________________________ ALEX D. GONZALEZ Attorney for Defendant

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Original Electronically Filed and one copy of the foregoing mailed this 15th day of May, 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 15th day of May, 2006, to: BRIAN LARSON Assistant U.S. Attorney Two Renaissance Square 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 By: ANGELICA MARTINEZ

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