Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams, Ste 201 Phoenix, Arizona 85007 3 Telephone: 602-382-2700 4 DAVID LEE TITTERINGTON State Bar # 006500 5 Asst. Federal Public Defender [email protected] 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 16 Defendant William Domingo, by and through undersigned counsel, 17 hereby respectfully requests this Court continue the trial date presently scheduled for 18 February 14, 2006. A continuance is necessary to allow for the orderly scheduling 19 of a hearing on the defendant's motion to suppress, which will require the issuance 20 of subpoenas for witnesses, and will impact the presentation of evidence for the trial 21 itself. The motion to suppress may indeed last more than one day because of the 22 number of witnesses to testify and defense counsel needs a date certain for the 23 hearing to allow for the issuance of the subpoenas for those witnesses. Because any 24 decision on the motion to suppress will impact the presentation of evidence at trial, 25 the parties would like to schedule the motion to suppress well in advance of trial. 26 Defense counsel has spoken to Tom Simon, the Assistant United States Attorney 27 assigned to this case, and he agrees that this continuance is necessary. For that 28 vs. William Domingo, Defendant. United States of America, Plaintiff, No. CR-04-1100-PHX-DGC MOTION TO CONTINUE TRIAL (Seventh Request) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:04-cr-01100-DGC

Document 33

Filed 01/31/2006

Page 1 of 2

1 reason, Mr. Domingo respectfully requests that this Court continue the trial for a 2 period of thirty (30) days. 3 5 6 7 8 9 10 11 12 Copy of the foregoing transmitted by CM/ECF for filing this 30th day 13 of January, 2006, to: 14 Clerk's Office United States District Court 15 Sandra Day O'Connor Courthouse 401 W. Washington 16 Phoenix, Arizona 85003 17 Tom Simon Assistant U.S. Attorney 18 United States Attorney's Office Two Renaissance Square 19 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 20 Copy mailed to: 21 William Domingo 22 Defendant 23 s/ Kathy A. Kruckeberg 24 Kathy A. Kruckeberg 25 26 27 28 2
Case 2:04-cr-01100-DGC Document 33 Filed 01/31/2006 Page 2 of 2

Excludable delay under 18 U.S.C. § 3161(h)(1)(F) and (8)(A) will occur Respectfully submitted: January 30, 2006. JON M. SANDS Federal Public Defender s/ David Lee Titterington DAVID LEE TITTERINGTON Assistant Federal Public Defender

4 as a result of this motion or from an order based thereon.