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 State Bar Number 007671 Attorney for Russel Manzanares

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

MOTION TO CONTINUE TRIAL

(Fourth Request) (No Oral Argument Requested)

Michael V. Black, attorney for defendant, Russel Manzanares, respectfully requests a trial continuance of ninety (90) 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 8th day of August, 2005 /s/ _____________________________ MICHAEL V. BLACK

Case 2:04-cr-01034-FJM

Document 17

Filed 08/08/2005

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. MEMORANDUM

To adequately prepare for trial, undersigned counsel requests a continuance of the current trial date of August 23, 2005, for a period of ninety (90) days or to date convenient with this Court's calendar. The reasons for the requested continuance are as follows. Russel Manzanares is scheduled to enter a plea in a related case, CR2005-1234-EHC-PHX, on Wednesday August 10, 2005. 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 ninety (90) 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 he indicated that he had no objection to the proposed continuance. RESPECTFULLY SUBMITTED this 8th day of August

/s/ ___________________________ MICHAEL V. BLACK

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Case 2:04-cr-01034-FJM

Document 17

Filed 08/08/2005

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
) ) Plaintiff, ) ) ) vs. ) ) ) ) RUSSEL MANZANARES, ) ) Defendant. ) ________________________________ _____) UNITED STATES OF AMERICA,

CR04-1034-PHX-FJM ORDER (Fourth Request)

Upon Motion of the Defendant in the above entitled matter, and the government not objecting, and for good cause appearing; IT IS HEREBY ORDERED that the Motion to Continue Trial Date is granted pursuant to U.S.C. §3161(h)(8)(A). This Court specifically finds that the ends of justice served by granting a continuance outweigh the best interests of the public and of the defendant to a speedy trial. This finding is based upon the Court's conclusion that the failure to grant a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(B)(iv). IT IS ORDERED that the trial date be continued to ___________, _____ o'clock a.m. Excludable delay is found to have commenced on ____________________ for a total of ________ days. DATED this ___ day of ____________, 2005. ________________________________ HON. FREDERICK J. MARTONE United States District Court 3. _____, 2005, at

Case 2:04-cr-01034-FJM

Document 17

Filed 08/08/2005

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