Free Motion to Continue - District Court of Arizona - Arizona

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Brian F. Russo (018594) 111 W. Monroe St., Ste.1212 Phoenix, Arizona 85003 (602) 340-1133 Telephone (602) 258-9179 Facsimile Attorney for Defendant Miller IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. PAT CHEE MILLER, Defendant.

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Case No.: CR04-1018-1-PHX-JAT MOTION TO CONTINUE TRIAL DATE AND DEADLINE FOR FILING MOTIONS

COMES NOW the defendant, Pat Chee Miller, by and through undersigned counsel, and respectfully moves this Court for an Order Extending the Deadline for

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Filing Pretrial Motions for a period of sixty (60) days and Continuing the Trial Date presently scheduled for November 1, 2005 for a period of sixty (60) days, subject to the court's calendar and based upon the following facts: The defendant was involved in a serious accident on February 23, 2005. Mr.

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Miller is still in the hospital due to the accident and remains seriously ill with a
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multitude of problems. It is impossible for Mr. Miller to present for a jury trial.
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(See copy of Dr. Clapper's letter attached hereto).
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Case 2:04-cr-01018-JAT

Document 89

Filed 10/13/2005

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Undersigned Counsel was not able to contact Assistant United States Attorney Daniel Drake because he is currently in trial.

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This motion is made in good faith and will serve the public's interest in that providing the defendant(s) with effective representation is necessary to insure fairness and protect the defendants' constitutional rights. A continuance will insure counsel for the both the government and the defendants the reasonable time

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necessary for effective preparation, taking into account the exercise of due diligence. A continuance outweighs the best interests of the public and the defendant in a speedy trial. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A), (B)(i)

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and (h)(1)(f) may result from this motion or from an order based thereon. DATED this 13th day of October, 2005. /s/ Brian F Russo Brian F. Russo Attorney for Defendant Miller

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Case 2:04-cr-01018-JAT

Document 89

Filed 10/13/2005

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Copy of the foregoing was electronically mailed/filed this 13th day of October, 2005, to: The Honorable James A. Teilborg Judge of the United States District Court Daniel Drake Asst. United States Attorney 40 N. Central Ave., Ste. 1200 Phoenix, AZ 85003 /s/

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Case 2:04-cr-01018-JAT

Document 89

Filed 10/13/2005

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