Free Motion to Continue Sentencing - District Court of Arizona - Arizona

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7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
g United States of America, I
_ _ CR-04-0965-PHX-SMM
10 Plaintiff,
MOTION TO CONTINUE
1 I V. SENTENCING
_ · (UNDER SEAL)
I 12 Fabian Franco-Saenz,
I3
Defendant.
14 .
15 Plaintiff, United States of America, by and through its attorneys, PAUL K.
16 CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel,
17 Assistant United States Attomey, respectfully moves this court for an Order continuing the
18 sentencing date for defendant Fabian Franco-Saenz. This defendant has entered into a
19 cooperation plea agreement with the government that included testifying against co—
20 conspirators. In addition, his plea agreement states that sentencing may be deferred upon
21 recommendation of the United States and agreement by this court, for additional periods as it
22 is the intention of the parties that sentencing on the instant charge be postponed until such
23 time as the defendant’s cooperation has been completed. Four co—conspirators have been
24 charged in a new indictment, CR-05-221—PHX—RGS and are set for trial on April 18, 2006. It
25 is anticipated that this defendant’s testimony will be needed at trial. The United States has
26 contacted defense counsel, Alex Navidad, who has no objection to continuing his client’s
27 sentencing for three months. The government requests that the sentencing date for this
28 defendant be continued for three months.
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1 The continuance is asked for in good faith and is not being sought for the purposes of
2 delay.
3 Excludable delay under 18 U.S.C. § 3161(h) will occur as a result of this
4 motion or of an order based thereon. ,
5 Respectfully submitted this day of March, 2006,
6 PAUL K. CHARLTON
United States Attorney
7 District of Ar`
9 LISA JENNIS TEL
Assistant United States Attorney
10
11 Copy ofthe foregoi§g mailed
this E‘**·—{-lay of arch 2006, to:
12
Alex Navidad, Esq. _
13 323 West Roosevelt, Suite 100
Phoenix, AZ 85003
14
Michael Acosta
15 U.S. Probation Officer
16 .
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Case 2:04-cr-00965-SMM

Document 16

Filed 03/08/2006

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Case 2:04-cr-00965-SMM

Document 16

Filed 03/08/2006

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