Free Motion to Continue - District Court of Arizona - Arizona

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7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
9 United States of America,
CR-04-0965-PHX-SMM
IO Plaintiff,
MOTION TO CONTINUE
1 1 v. SEN TEN CING
(UNDER SEAL)
12 Fabian Franco-Saenz,
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Defendant.
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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 Attorney, 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 November 29,
25 2005. It is anticipated that this defendant’s testimony will be needed at trial. The United
26 States has contacted defense counsel, Alex Navidad, who has no objection to continuing his
27 client’s sentence until after the trial date. The government requests that the sentencing date
28 for this defendant be continued to a date after November 29, 2005.
Case 2:04-cr-00965—SI\/II\/I Document 12 Filed 08/25/2005 Page 1 of 2

A 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 djlday of August, 2005,
6 PAUL K. CHARLTON
United States Attorney
7 District of Arizona
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9 LISA JE IS SETTEL
I0 Assistant United States Attorney
H $i1’5 `§§>i§?l£‘i§g*E2il%d005
12 Alex Navidad, Esq.
13 323 West Roosevelt, Suite 100
Phoenix, AZ 85003
14 Michael Acosta
15 U.S. Probation Officer
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Case 2:04-cr-00965—SI\/II\/I Document 12 Filed 08/25/2005 Page 2 of 2

Case 2:04-cr-00965-SMM

Document 12

Filed 08/25/2005

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Case 2:04-cr-00965-SMM

Document 12

Filed 08/25/2005

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