Free Motion to Continue - District Court of Arizona - Arizona

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MICHAEL V. BLACK Attorney at Law 335 East Palm Lane Phoenix, Arizona 85004 Telephone: (602) 265-7200 Facsimile: (602) 265-2431 E-Mail: [email protected] State Bar Number 007671 Attorney for Russel Manzanarez

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
) ) Plaintiff, ) ) ) ) vs. ) ) ) RUSSEL MANZANAREZ, ) ) Defendant. ) __________________________________ ___) UNITED STATES OF AMERICA, CR04-1034-PHX-FJM

MOTION TO CONTINUE TRIAL

(Sixth Request) (No Oral Argument Requested)

Michael V. Black, attorney for defendant, Russel Manzanarez, respectfully requests a trial continuance of sixty (60) days or to a date convenient with this Court's calendar. This Motion is based on the attached Memorandum and files and records in the case. It is expected that excludable delay under Title 18 U.S.C. Section 3161(h)(1)(f) may occur as a result of this Motion or from an Order based thereon. RESPECTFULLY SUBMITTED this 6th day of December, 2005. /s/ Michael V. Black _____________________________ MICHAEL V. BLACK

Case 2:04-cr-01034-FJM

Document 22

Filed 12/06/2005

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MEMORANDUM To adequately prepare for trial, undersigned counsel requests a continuance of the current trial date of January 4, 2006, for a period of sixty (60) days or to date convenient with this Court's calendar. The reasons for the requested continuance are as follows. Russel Manzanarez has entered a plea in a related case, CR2005-1234-EHC-PHX, and was scheduled to be sentenced on Dec. 2, 2005. However, at the request of both the undersigned and the government his sentencing date has been postponed until Jan. 30, 2006. As one of the conditions of that plea, the instant case will be dismissed. As such it is anticipated that Mr. Manzanares will be sentenced within sixth (60) days. If for some reason, the sentencing does not occur within that period the undersigned will need additional time in which to prepare for the trial before this Court. Further, pursuant to Local Rule 1.10 (j), undersigned counsel certifies that he has personally contacted the prosecutor in the instant matter, Assistant U.S. Attorney David A. Pimsner, and Mr. Pimsner indicated that he had no objection to the proposed continuance. RESPECTFULLY SUBMITTED this 6th day of December, 2005.

I hereby certify that on Dec. 6, 2005, I electronically transmitted the attached document to U.S. District Clerk of Court using the CM/ECF system for Filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: [email protected]

/s/ Michael V. Black ____________________________ MICHAEL V. BLACK

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Case 2:04-cr-01034-FJM Document 22 Filed 12/06/2005 Page 2 of 2