Free Motion to Continue - District Court of Arizona - Arizona

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Attorney At Law 45 West Jefferson Suite 412 Phoenix, Arizona 85003 602/254-8861 Attorney for Defendant

RICHARD D. GIERLOFF, #6350

UNITED STATES DISTRICT COURT STATE OF ARIZONA, DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff, vs.. ZERESH THORNBURG, et. al., Defendants. ) NO. CR04-1058-006-PHX-FJM ) ) ) DEFENDANT'S MOTION TO CONTINUE ) TRIAL ) ) ) ) )

The Defendant, Zeresh Thornburg, by and through counsel undersigned hereby moves this court for an order continuing the trial presently set for December 6, 2005 for approximately 30 days for the following reasons. The Assistant United States Attorney assigned to this case has tendered a plea offer to the defendant and it is now possible that this matter may resolve short of trial. However, counsel needs time to consult with his client regarding this offer. Additionally, undersigned counsel has pending in Maricopa County Superior Court Case Transfer System a trial which has been pending in the Case Transfer System for approximately two weeks. That case, State v. Moore, CR2005009162 has a last day of December 9, 2005 and will have to proceed to trial prior to that date. Two previous attempts to place this case for trial have failed. Additionally, undersigned counsel has due an opening appellate brief in a death penalty case, also due on December 9, 2005. ...

Case 2:04-cr-01058-FJM

Document 51

Filed 11/29/2005

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The Assistant United States Attorney assigned to this case has no opposition to this motion to continue nor does any co-defendant. It is anticipated, upon information and belief, that the other defendants in this matter will resolve their charges prior to trial. The Indictment in this matter was handed down in September of 2004 however, the Defendant was classified as "fugitive status" for an extended period of time. Undersigned counsel substituted in on August 15, 2005. It is anticipated that excludable delay under Title 18 U.S.C. §31-61(h)(1)(F) may occur as a result of this Motion or Orders based thereon. Respectfully submitted this 29th day of November, 2005

By /s/ Richard D. Gierloff Richard D. Gierloff, Attorney

The foregoing has been electronically filed this 29th day of November, 2005, with the United States District Court with copies forwarded to: The Honorable Frederick J. Martone Judge of the US District Court Kurt Altman United States Attorney 40 N. Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Counsel for All Co-Defendants /s/ Richard D. Gierloff

Case 2:04-cr-01058-FJM

Document 51

-2Filed 11/29/2005

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