Free Motion to Extend Time to File Pretrial Motions - District Court of Arizona - Arizona

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FEOLA & TRAICA
A PROFESSIONAL CORPORATION ATTORNEYS and COUNSELLORS at LAW

2800 N. Central Avenue, Suite 1400 Phoenix, Arizona 85004-1045 [email protected] _____________

(602) 277-7473 Fax (602) 274-2129

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. MICHAEL CRAIG ANDERSON, Defendant. No. CR 04-01281-001-PHX-DGC MOTION TO EXTEND TIME FOR FILING OF PRETRIAL MOTIONS AND TO CONTINUE TRIAL (Fifth Request)

DEFENDANT MICHAEL CRAIG ANDERSON, by and through undersigned counsel, respectfully moves this Honorable Court for and Order extending the deadline for the filing of pretrial motions for a period of sixty (60) days and continuing the trial date presently scheduled for December 13, 2005 for a period of no less than sixty (60) days subject to the Court's calendar and for the foregoing reasons: This case involves two (2) defendants, each alleged to have committed multiple counts of Conspiracy to Commit Bribery, Bribery, Conspiracy to Import Cocaine, Conspiracy to Import Marijuana, Money Laundering, Filing a False Return, Evasion of Assessment and Forfeiture Allegation. Undersigned is still in the process of diligently reviewing voluminous discovery. Counsel requires and request adequate time to thoroughly review the discovery and meet with his client to discuss pertinent matters involved in the case. Further, additional time is needed to conduct

Case 2:04-cr-01281-DGC

Document 63

Filed 11/17/2005

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defense investigation in this matter. Once these matters have been completed, defense counsel will be better able to ascertain what motions, if any, should be filed and whether this case can be resolved short of trial. Undersigned avows that he has contacted the Assistant United States Attorney assigned to this matter, John Boyle regarding his position to this motion. Undersigned avows that Mr. Boyle has no objection to the Court granting the relief requested herein. Further, undersigned avows that he has contacted Patricia Gitre, counsel for co-Defendant, Gina Anderson, has no objection to a continuance of this matter. Undersigned counsel and Mr. Boyle have discussed a realistic trial date should this matter proceed to trial and both belief that this case should be ready for trial no later than the middle of February, 2006. This motion is made in good faith and will serve the public's interest in that providing defendants with effective representation is necessary to insure fairness and protect the defendants' constitutional rights. A continuance will insure counsel for both the government and the defendants the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best interests of the public and the defendants' speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) may result from this motion or from an order based thereon. THEREFORE, based on the foregoing, defendant, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from December 13, 2005, subject to the Court's calendar. /// /// /// /// ///

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

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RESPECTFULLY SUBMITTED this 17TH day of November, 2005. FEOLA & TRAICA, P.C.

By

s/ David L. Lockhart David L. Lockhart, Esq. 2800 N. Central Avenue Suite 1400 Phoenix, AZ 85004 Attorneys for Defendant

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

CERTIFICATE OF SERVICE I certify that on November 17th , 2005, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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John Z. Boyle, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Patricia Gitre, Esq. 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 Attorney for co-Defendant Gina Anderson

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