Free Motion to Continue - District Court of Arizona - Arizona

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Robert Bruce Stirling, II 33 West Willetta Street Phoenix, Arizona 85003 Telephone (602) 460-5631 Fax (602) 285-1224 State Bar No. 006037 Attorney for Defendant

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The defendant, Pedro Meza-Ochoa, through counsel undersigned, respectfully requests that the trial now set for December 6, 2005, at 9:00 a.m. before the Honorable Susan R. Bolton be continued to a time convenient to the Court and all parties, and that the time for filing motions be extended. This is only the second requested continuance by counsel since his appointment to represent Mr. Meza. Defense counsel requests additional time to allow Mr. Meza to assist counsel in preparing for Mr. Meza's defense if the matter proceeds to trial. Counsel cannot adequately respond to the government's evidence without more time. More time is needed to be fully vs. PEDRO MEZA-OCHOA, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

CASE CR-04-00982-PHX-SRB MOTION TO CONTINUE JURY TRIAL AND MOTION TO EXTEND TIME FOR FILING MOTIONS (SECOND)

confer, review, and prepare with Mr. Meza he can assist in his own defense. Counsel met with Mr. Meza last week, however, additional time is needed to review all evidence with him. Counsel discussed the case with the attorney for the government, Brian Larson. Mr. Larson does not oppose counsel's second request for a continuance.

Case 2:04-cr-00982-SRB

Document 101

Filed 11/17/2005

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The Speedy Trial Act excludes periods of delay if the failure to grant the continuance would deny counsel for the defendant reasonable time for the effective preparation of trial, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(1)(8)(A) and (B)(iv). Therefore, defendant requests that the court grant a continuance of the trial for a period of at least 30 days from the time now set for trial. In viewing those factors in 18 U.S.C. §3161(h)(1)(8)(A), the ends of justice outweigh the interests of the public and the defendant in a speedy trial because without such continuance, counsel for M r. Meza would not have sufficient time to adequately prepare Mr. Meza for a plea hearing, nor sufficient time to allow Mr. Meza to assist in preparation of a defense if the matter proceeds to trial. This matter is also coming to trial at about the same time counsel is set for trial before this Court in United States of America v. Manuel Lopez-Garcia, which matter is occupying a considerable amount of counsel's time in an effort to resolve it without a trial. At the same time, counsel will be opening his own practice, which will cause some disruption in counsel's schedule. Excludable delay under 18 U.S.C. §3161(h)(8)(A) and (B)(I) will occur as a result of this motion or of an order based thereon. Defendant Meza was consulted about the need for a continuance, and he agrees to waive his right to a speedy trial, and to exclude time. Wherefore, the defendant respectfully requests that the jury trial in this case now set for December 6, 2005, be postponed for at least 30 days. Respectfully submitted this 17th day of November, 2005. /s/ Robert Bruce Stirling, II ______________________________ Robert Bruce Stirling, II Attorney for Defendant 33 West Willetta Street Phoenix, Arizona 85003 Tel. (602) 460-5631 State Bar No. 006037

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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 /s/ Robert Bruce Stirling, II By Robert Bruce Stirling, II, Esq. Pedro Meza-Ochoa Defendant

Certificate of Service I, Robert Bruce Stirling, II, certify that on November 17, 2005, I electronically transmitted the foregoing document to the Clerk of the United States District Court, District of Arizona, using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mr. Brian Larson Email: brian.larson@ usdoj.gov Assistant United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for the Government Copy of the foregoing mailed this 17 th day of November, 2005, to:

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