Free Motion to Continue - District Court of Arizona - Arizona

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DAVID M. OCHOA Attorney at Law P.O. Box 22126 Phoenix, AZ 85028 Tel: (602) 971-4048 Fax: (602) 956-2007 Bar #: 002163 Attorney for Defendant Hernandez-Rivera UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) Plaintiff, ) ) vs. ) ) Antonio Hernandez-Rivera, et al., ) ) Defendant. ) _________________________________)

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NO. CR04-872-01-PHX-DGC MOTION TO CONTINUE TRIAL

The defendant by and through his undersigned attorney respectfully moves the court for a continuance of the trial date of August 9, 2005. The defendant and the government are awaiting DNA results from samples taken from the defendant. Depending upon the results, additional motions may be needed to file or additional work to prepare for trial. For these reasons a continuance is needed. Counsel for the co-defendant has not objections to the continuance and joins in the motion. The government has no objections to the continuance. The defendant would seek at least a 60 day continuance. It is expected that excludable delay under Title 18, U.S.C. Section 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. Respectfully submitted: August 1, 2005

________________________________ DAVID M. OCHOA

Case 2:04-cr-00872-DGC

Document 44

Filed 08/01/2005

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COPY of the foregoing delivered this 1st day of August, 2005, electronically to: Mr. Emory Hurley Assistant U.S. Attorney Jason Leonard, Esq. Attorney for Defendant Avena-Pardo

Case 2:04-cr-00872-DGC

Document 44

-2Filed 08/01/2005

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