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

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Adrián P. Fontes, Bar # 022162 The Law Offices of Adrián P. Fontes, PLC 111 W. Monroe, Suite 425 Phoenix, AZ 85003 602-257-9083 602-424-2124 (fax) [email protected] Attorney for the Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) No: CR 04-0884-02-PHX-FJM ) ) MOTION TO CONTINUE TRIAL ) (First Request) ) ) ) ) )

United State of America, Plaintiff, vs. Christopher Fernandez, Defendant

Defendant Christopher Fernandez by and through undersigned counsel, respectfully moves this Honorable Court for an Order continuing the Sentencing date presently scheduled for December 18, 2006 for a period of 60 days subject to the Court's calendar and for the foregoing reasons. Counsel will not have sufficient time to research and investigate case by the current scheduled date. Counsel has also recently received further discovery regarding the above named case and requires further preparation for trial. Scheduling and preparation for two other upcoming trials have also limited the amount of time available for trial preparation for the above named case. Undersigned counsel avows that he has contacted the Assistant United States Attorney assigned to this matter, William C. Solomon, regarding her position to this motion and Mr. Solomon does not have any objection to the relief being requested herein. This Motion is made in good faith and will serve the public's interest in that providing Defendant with effective representation is necessary to insure fairness and protect the Defendant's constitutional rights. A continuance will insure counsel for both the government and the Defendant the reasonable time necessary for effective preparation. It is expected that excludable delay under 18 U .S.C. §3l61 (h)(8)(A); (B )(iv) and (h)(1)(f) may

Case 2:04-cr-00884-FJM

Document 44

Filed 12/12/2006

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1 result from this Motion or from an Order based thereon. 2 THEREFORE, based on the foregoing, Defendant Christopher Fernandez by and through 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 11th day of December, 2006, 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. William C. Solomon. 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 undersigned counsel, respectfully requests that this Honorable Court enter an Order continuing the Sentencing for a period of 60 days from December 18 2006, subject to the Court's calendar. RESPECIFULLY SUBMITTED this 11th day of December, 2006. 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 44

Filed 12/12/2006

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