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

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Brandon N. Cotto, State Bar #019721 BRANDON N. COTTO, P.C. One Renaissance Square Two North Central Avenue, Suite 735 Phoenix, Arizona 85004 Telephone: (602) 443-2220 Attorney for the Defendant
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America,

) ) ) Plaintiff, ) ) vs. ) ) ) Anthony Jamal Rooks, ) ) Defendant. ) ________________________________ )

Case No. CR 04-1058-005-PHX-FJM MOTION TO EXTEND TIME TO FILE PRETRIAL MOTIONS AND CONTINUE TRIAL (First Request by Defendant Rooks)

The Defendant, Anthony Jamal Rooks , by and through undersigned counsel,

hereby moves this Court for a continuance of the first trial setting as to this defendant as well as the deadline for filing motions in this case. The trial is currently set for October 3, 2006, at 9:00 A.M. in Phoenix, Arizona.

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The reason for this request is that additional time is needed to complete the
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investigation in this matter. Undersigned counsel has received extensive discovery from the government (including surveillance video only dsiclosed last week) and the defense investigation is ongoing. Once these matters have been completed, defense counsel will be better able to determine what motions, if any, should be filed and whether this case can be resolved short of trial.

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Case 2:04-cr-01058-FJM

Document 117

Filed 09/21/2006

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Pursuant to Local Civil Rule 7.3(b), undersigned obtained the position of the Assistant U.S. Attorney, Kurt M. Altman, and Anne M. Williams, counsel for Mr. Charles Harris, as to this motion to continue. Neither counsel had an objection to the

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requested continuance. Counsel for the defendant respectfully requests that the trial be reset in approximately sixty (60) days. It is expected that excludable delay under Title 18 U.S.C. § 3161(h)(1)(F) and/or (8)(A) will occur as a result of this motion or from an order based thereon.

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RESPECTFULLY SUBMITTED Thursday, September 21, 2006.
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BRANDON N. COTTO, P.C.

By:
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s / Brandon N. Cotto Brandon N. Cotto

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Certificate of Service
I hereby certify that on September 21, 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 Electronic Filing to the following CM/ECF registrants:
KURT M. ALTMAN Assistant U.S. Attorney ANNE M. WILLIAMS Attorney for Mr. Charles T. Harris

I hereby certify that on September 21, 2006, I served the attached document by U.S. Mail, delivery and/or e-mail on the following, who are not registered participants of the CM/ECF System: THE HON. FREDERICK J. MARTONE Judge of the U.S. District Court

By:

s/ Brandon N. Cotto Brandon N. Cotto

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Case 2:04-cr-01058-FJM

Document 117

Filed 09/21/2006

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