Free Motion to Continue Trial - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona BILL C. SOLOMON Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Arizona State Bar No. 020012 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR04-1065-PHX-DGC Plaintiff, v. Danny Lynn Hudson, Defendants. GOVERNMENT'S MOTION TO CONTINUE JURY TRIAL (First Request)

The United States of America, by and through its attorneys undersigned, hereby respectfully moves this honorable Court for an order continuing the trial in this matter, currently set for February 14, 2006. Undersigned counsel is scheduled to argue before the Ninth Circuit Court of Appeals in the case of U.S. v. Mendez on February 16, 2006. Counsel's flight is scheduled to depart Phoenix on the morning of February 15, 2006. Thus, pursuant to 18 U.S.C. § 3161(h)(8)(A) and (h)(B)(iv), the United States requests this Court grant a continuance based on "findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial." Undersigned counsel has attempted to contact opposing counsel, Michael Terribile, regarding his position on this motion. Those attempts, however, have been unsuccessful. /// /// /// ///

Case 2:04-cr-01065-DGC

Document 75

Filed 02/01/2006

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It is expected that excludable delay under Title 18, U.S.C. Section 3161(h) may occur as a result of this motion or from an order based thereon. Respectfully submitted this 1st day of February, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/Bill C. Solomon BILL C. SOLOMON Assistant U.S. Attorney Certificate of Service

I hereby certify that on February 1, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 11 Electronic Filing to the following CM/ECF registrants: 12 Michael Terribile
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Case 2:04-cr-01065-DGC

Document 75

Filed 02/01/2006

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