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-FJM MOTION TO CONTINUE STATUS HEARING (First Request)

Defendant, Fermin Ortiz, through undersigned counsel, respectfully asks this Court to continue the status hearing on a violation of supervised release presently scheduled on Friday, May 5, 2005, to the morning or afternoon of Tuesday, May 9, 2006. The basis for this request is that undersigned counsel was appointed to represent the defendant on May 2, 2006, but counsel was not present at the time of the appointment. Because of previously scheduled court hearings, counsel is unavailable to be present at the May 5th status conference. Furthermore, for this Court's information, the defendant has already been detained on a new substantive charge (which counsel believes forms the basis for the supervised release violation), and since the defendant was indicted, a finding of probable cause has already been made. Undersigned counsel, therefore, intends to submit the issues of detention and

Case 2:04-cr-50151-NVW

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probable cause (on the supervised release violation) based on the court file and record before the court. As to any hearing regarding the supervised release violation, counsel will be requesting that that matter be continued and be set for the same date and time as the defendant's trial on the new substantive charge. Counsel for the government, Brian Larson, has been contacted and does not object to this motion and continuance request request. For the reasons stated, counsel for the defendant respectfully requests that the status conference presently set for Friday, May 5, 2006, be continued to the morning or afternoon of Tuesday, May 9, 2006. 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 3rd 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 3rd 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 3rd 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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