Free Motion to Continue - District Court of Arizona - Arizona

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Robert Bruce Stirlin g, II, Esq. Attorney at Law 33 West Willetta Street Phoenix, Arizona 85003 Tel. (602) 460-5631 Fax (602) 285-1224 State Bar No. 006037 [email protected] Attorney for Defendant IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MIGUEL RAMIREZ-UREA, AKA MIGUEL F. OROPEZA, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) )

CA SE NO . CR 04-00868-001-PHX-FJM MOTION TO CO NTINUE JURY TRIAL [FOURTH]

The defendant, Miguel Ramirez Urea, through counsel undersigned, hereby moves this Court for its order continuing the jury trial one last time pursuant to Rule 12, Federal Rules of Criminal Procedure; 18U.S.C. §3161; and the 4 th, 5 th, 6 th, 8 th, and 14th Amendments to the United States Constitution. Trial is now set for October 4, 2005, at 9:00 a.m.

Defense counsel and the attorney for the government, William Solomon, discussed this case several times in the past week in an effort to resolve this case short of trial. Mr. Solomon was awaiting receipt of an additional report from his investigating officer. Said report was faxed to defense counsel today. A plea offer was made for the first time yesterday. Additional time is needed to investigate the new discovery received. The defendant is in custody and additional time is needed for defense counsel to review the new discovery with the defendant, complete the investigation, and to prepare for trial. Defense counsel also needs time to review the plea offer with the defendant. Defense counsel contacted Mr. Solomon, who informed defense counsel he agrees with the need for a continuance, and he does not oppose defendant's motion.

Case 2:04-cr-00868-FJM

Document 16

Filed 09/29/2005

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Excludable delay under 18 U.S.C. §3161(h)(8)(A) and (B)(i) will result from this motion or from an order based thereon. Respectfully submitted this 29th day of September, 2005.

/s/ Robert Bruce Stirling, II ________________________________ Robert Bruce Stirling, II, Esq. Attorney for Defendant

Certificate of Service I, Robert Bruce Stirling, II, certify that on September 29, 2005, I electronically transmitted the foregoing document to the Clerk of the United States District Court, District of Arizona, using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: WILLIAM SOLOMON Assistant United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for the Government Copy of the foregoing document mailed this 2nd day of September, 2005, to: Manuel Ramirez-Urea

18 19 20 21 22 23 24 25 26 27 28 /s/ Robert Bruce Stirling, II By Robert Bruce Stirling, II, Esq.

Case 2:04-cr-00868-FJM

Document 16

Filed 09/29/2005

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