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

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The Law Offices of Adrián P. Fontes, PLC 111 West Monroe, Suite 425 Phoenix, AZ 85003 602-257-9083 602-424-2128 (fax) [email protected] Attorney for the Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) No: CR 04-884-PHX-FJM ) ) MOTION TO CONTINUE TRIAL ) ) (Third Request) ) ) ) )

United State of America, Plaintiff, vs. CHRISTOPHER FERNANDEZ, Defendant

Defendant CHRISTOPHER FERNANDEZ by and through undersigned counsel, respectfully 13 moves this Honorable Court for an Order continuing the trial date presently scheduled for May 1, 2007 14 for a period of thirty (30) days subject to the Court's calendar and for the foregoing reasons. 15 During investigation and preparation for trial, Defense Counsel has been unable to completely 16 prepare a defense in this matter. Specifically, the presence of another individual during the alleged 17 illegal transactions may prove dispositive in this case, but Counsel has only recently discovered the 18 presence of the individual, and is working to establish his identity. 19 discovery of this information to the Government is required in the interest of justice. 20 Undersigned counsel avows that he has contacted the Assistant United States Attorney assigned 21 to this matter, Andrea Gutierrez regarding her position to this motion and Ms. Gutierrez does not have 22 any objection the relief being requested herein. 23 24 25 This Motion is made in good faith and will serve the public's interest in that providing Defendant Continued investigation and

Case 2:04-cr-00884-FJM

Document 51

Filed 04/23/2007

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1 with effective representation is necessary to insure fairness and protect the Defendant's constitutional 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF SERVICE I certify that on the 23rd day of April, 2007, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants. Andrea Gutierrez, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 By /s/ Adrián P. Fontes Adrián P. Fontes Attorney for Defendant rights. A continuance will insure counsel for both the government and the Defendant the reasonable time necessary for effective preparation. Indeed a continuance outweighs the best interests of the public and the Defendant's speedy trial rights. It is expected that excludable delay under 18 U .S.C. §3l61 (h)(8)(A); (B )(iv) and (h)(1)(f) may result from this Motion or from an Order based thereon. THEREFORE, based on the foregoing, Defendant CHRISTOPHER FERNANDEZ by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order continuing the trial for a period of sixty (30) days from May 1, 2007, subject to the Court's calendar. RESPECIFULLY SUBMITTED this 23rd day of April, 2007. THE LAW OFFICES OF ADRIAN P. FONTES, PLC __/s/ Adrián P. Fontes_____________ Adrián P. Fontes Attorney for Defendant

Case 2:04-cr-00884-FJM

Document 51

Filed 04/23/2007

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