Free Order on Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA ) ) ) Plaintiff ) ) vs. ) ) ) JOSE RAMON MACHADO-SANCHEZ ) ) ) Defendant ) ___________________________________ ) RE: Continuance of Trial This Case is presently set for trial on November 29, 2005. The defendant filed a motion to continue and for the reasons set forth therein additional time is required to adequately prepare for trial. The government and defendant have no objection to a continuance. The Court finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial because, for the reasons set forth in the motion, failure to grant the continuance is likely to result in a miscarriage of justice if the defendant is required to go on trial on the present trial date. IT IS ORDERED as follows: 1. This matter is RESET for trial on February 28, 2006 at 9:00 a.m. in Phoenix, Arizona. CASE NO. CR 04-1029-2-PHX-MHM

ORDER

HON. MARY H. MURGUIA

Case 2:04-cr-01029-MHM

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Filed 11/03/2005

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2. Excludable delay under 18 U.S.C. §3161 (h)(8)(A) and (B)(iv) is found to commence on 10/27/05 and end on 2/28/06. Such time shall be in addition to other exludable time under the Speedy Trial Act and shall commence as of the day following the day that would otherwise be the last day for commencement of trial. 3. The any and all subpoenas previously issued shall remain in full force and effect through the new date. 4. Time to file Pretrial motions is extended to January 13, 2006.

DATED this 2nd day of November, 2005.

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Case 2:04-cr-01029-MHM

Document 51

Filed 11/03/2005

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