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

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UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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) ) Plaintiff, ) ) vs. ) ) Michael Dewayne Smith, ) ) Defendant ) __________________________________)

United States of America,

Case No: CR 2004-00677-PHX-FJM ORDER

(First Request)

Upon motion of the Defendant; good cause appearing; and there being no objections by the government; IT IS ORDERED that the defendant's Motion to Continue Trial and Motion to Extend the Deadline to File Trial and Pretrial Motions is granted pursuant to 18 U.S.C. § 3161(h)(8)(A) and (1)(F). This court specifically finds that the ends of justice served by taking this action outweigh the best interest of the public and the defendant in a speedy trial. This finding is based on the Court's conclusion that the failure to grant such a continuance would unreasonably deny the defendant continuity of counsel and would deny the attorney for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(b)(IV). It is further; ORDERED continuing the trial date of June 27, 2006 until _______________, 20_____ at _____________. It is further; ORDERED that the Defendant shall have to and including _______________, 20____ in which to file trial and pretrial motions.

Case 2:04-cr-00677-FJM

Document 3-2

Filed 05/09/2006

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Any excludable delay under 18 U.S.C. section 3161 (h) ___________is found to commence on ________________, 2006, for a total of __________days. Dated this ____ of _______________, ________.

______________________________ Honorable Frederick J. Martone United States District Judge

Case 2:04-cr-00677-FJM

Document 3-2

Filed 05/09/2006

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