Free Motion to Continue - District Court of Arizona - Arizona

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Brian F. Russo (018594) 111 W. Monroe St., Ste.1212 Phoenix, Arizona 85003 (602) 340-1133 Telephone (602) 258-9179 Facsimile Attorney for Defendant Gamboa IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. MANUEL GAMBOA, Defendant.

) Case No.: CR04-1299-PHX-EHC ) ) ) MOTION TO CONTINUE ) SENTENCING ) ) ) ) )

COMES NOW the defendant, Manuel Gamboa, by and through undersigned counsel, and respectfully moves this Court for an order continuing the sentencing

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scheduled for August 8, 2005 at 2:00 p.m. of a period of thirty days based upon the following: The defendant has recently experienced difficulties arising out of his medical condition, for which he undergoes unending treatment. He suffers from a

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compromised immune system that effects his day to day functioning and requires constant attention. Due to his medical complications he is unable to travel and be present for the scheduled sentencing hearing.

Case 2:04-cr-01299-EHC

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Filed 08/08/2005

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Undersigned Counsel has spoken with Assistant United States Attorney Bill Solomon, who does not oppose a continuance in this matter.

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WHEREFORE for the foregoing reasons, defendant respectfully requests that the sentencing hearing be continued for a period of thirty days. RESPECTFULLY SUBMITTED this 8th day of August, 2005. /s/ Brian F. Russo Brian F. Russo Attorney for Defendant Gamboa

Copy of the foregoing was electronically Mailed this 8th day of August, 2005, to:

Bill Solomon Asst. United States Attorney 40 N. Central Ave., Ste. 1200 Phoenix, AZ 85003

/s/ Jacqui Whitten

Case 2:04-cr-01299-EHC

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. MANUEL GAMBOA, Defendant.

) Case No.: CR04-1299-PHX-EHC ) ) ) ORDER ) ) ) ) ) )

Defendant Manuel Gamboa, having filed a motion to continue the sentencing scheduled for August 8, 2005 for a period of thirty days, subject to the

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Court's calendar, no objection by the Government, and good cause appearing: IT IS HEREBY ORDERED that the sentencing be continued to . IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. §3161(h)(8)(A) will commence on _______________________ for a total of _____ days. DATED this _____ day of August, 2005.

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The Honorable Earl H. Carroll Judge of the United States District Court

Case 2:04-cr-01299-EHC

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