Free Motion to Continue - District Court of Arizona - Arizona

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Mark J. Berardoni
State Bar No. 012970 Luhrs Tower 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Fausto Valenzuela-Lopez

5 6 7 8 9 10 11 12 13 14 15 Defendant, Fausto Valenzuela-Lopez, by and through undersigned counsel, hereby requests Court to continue the Admit/Deny Hearing currently scheduled for Monday, ) ) Plaintiff, ) ) v. ) ) Fausto Valenzuela-Lopez, ) ) Defendant. ) ) ____________________________________) United States of America, CR04-1292-001-PHX-SMM MOTION TO CONTINUE ADMIT/DENY HEARING IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 this M ARK J. B ERARDONI Honorable A TTORNEY A T L AW

17 September 15, 2007 at 9:00 a.m., before the Honorable Stephen M. McNamee for a period of fifteen 18 (15) to thirty (30) days. The continuance is requested because a Fast Track plea has been offered 19 in this matter combining both causes, Magistrate No. 08-6276M and CR04-1292-PHX-SMM, and 20 additional time is necessary for counsel to assess the viability of such offer. It is anticipated that both 21 matters will be resolved within the Fast Track agreement. Accordingly, more time is required and 22 a continuance is appropriate. 23 The Government, by Assistant United States Attorney, Lisa J. Settel, has been advised of the

24 motion and has no opposition to the continuance. 25 This motion is brought in good faith for the reasons stated and not solely for the purpose of

26 delay. The delay occasioned by the extension, and the reasons therefore, outweigh the interest of the 27 Government, the Defendant, and the Public in a speedy trial. 28 EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) may occur as a result Case 2:04-cr-01292-SMM Document 27 Filed 09/11/2008 Page 1 of 2

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of this motion or from any order based thereon. RESPECTFULLY SUBMITTED this 10th day of September, 2008.

s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Fausto Valenzuela-Lopez

CERTIFICATE OF SERVICE

11 I hereby certify that on September 10, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic 12 Filing to the following CM/ECF registrants: 13 Honorable Stephen M. McNamee United States District Judge 14 Sandra Day O'Connor U.S. Courthouse 401 West Washington Street 15 Phoenix, Arizona 85003 16 Lisa J. Settel, Esq. Assistant United States Attorney 17 Two Renaissance Square 40 N. Central Avenue, Suite 1200 18 Phoenix, Arizona 85004-4408 19 Fausto Valenzuela-Lopez 20 By: s/Todd E. Babel 21 22 23 24 25 26 27 28 Case 2:04-cr-01292-SMM Document 27 -2Filed 09/11/2008 Page 2 of 2