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

THOMAS M HOIDAL FILED `"' LODGE
1 · _...
Law Office of Thomgs M. lgigdal, P.L.C. RECEIVED "" COPY
2 lll W. Monroe St., uite 1 .
Phoenix, AZ 85003 JUN 2 9 2005
3 th0IdaI@hOid31l&WOfHC€.c0In QLEHK U S DISTRICT
4 State Bar No. 007194 Dnsrsacr or Arwonx
T¢l¢Ph<>¤¤= (602) 254-0202 Bl —"";i;;i; `I.Q-Z'TS;-E°E.iiU
5 Facsimile: (602) 254-0404
6 Attorney for Defendant WAI-IL SF
W 7 IN THE UNITED STATES DISTRICT COURT '
8 FOR THE DISTRICT OF ARIZONA
9 United States of America, Case No. CR04-0675-PHX-JAT '
10 Plaintiff,
1 1 V MOTION FOR EXTENSION OF TIME
’ TO FILE PRETRIAL MOTIONS AND
12 Jason Wahl, TO CONTINUE TRIAL
; 13 Defendant. I tRcqucst)
14 (No Oral Argument Requested)
I5 Defendant, Jason Wahl, by and through his counsel, Thomas M. Hoidal,
16 respectfully requests that the Court extend the time for filing pretrial motions for a
17 period of approximately forty-five (45) days. The defendant also requests, pursuant to
18 18 U.S.C. § 3l6l(h)(8)(A), that the Court continue the trial for a period of at least sixty
I9 (60) days. This motion is based on the attached memorandum and the tiles and records
20 in this case. ‘
21 It is expected that excludable delay under Title 18 U.S.C. § 3l6l(h)(1)(F) may
22 occur as a result of this motion or irom an order based thereon.
23 RESPECTFULLY SUBMITTED this 29* day of June, 2006. ,
24 Law Ofiice of Thomas M. Hoidal, P.L.C.
25
‘
26 SLTh°m°S‘NrHoMAs M1"EL.H0°1d°l‘”'"”“‘”_”1n.¤.L
27 Attorney for Defendant
28
.1-
Case2:O4— ee: -.· e;;,-·;- -: ;;:-·:·::; in E

•’ »
1 . MEMQRANDUM
2 Jason Wahl has been charged in an indictment with one count of conspiracy to
3 possess with the intent to distribute cocaine, 21 U.S.C. §§ 841(a)(l) and
4 841(b)(l)(B)(ii)(I.l), one count of possession with the intent to distribute cocaine in
5 violation of 21 U.S.C. §§ 841(a)(l) and 84l(b)(1)(C) and one count of conspiracty to
6 possess with the intent to distribute marijuana in violation of 21 U.S.C. §§ 846,
7 84l(a)(l) and (b)(1)(B)(vii). The arraignment was held on June 14, 2006. Trial has
8 been set for August 1, 2006. The defendant has been released pending trial.
9 On June 14, 2006, defense counsel hand-delivered letters to the prosecutor
10 requesting discovery pursuant to Rule 16, Fed. R. Crim. P. On June 27, 2006 the
ll govermnent disclosed approximately 500 pages of DEA-6 reports relating to the
12 investigation in this case. Also included inthe disclosure were six (6) cassette tapes, 12
13 CD’s of documents and photos and a DVD. Four (4) videotapes are also being made
l 14 available by the government. Given the volume of materials just disclosed, additional
I5 time is necessary for the defendant to prepare and tile any pretrial motions necessary in
16 this case. The defendant requests an extension of time of forty-live (45) days for tiling
17 pretrial motions pursuant to Rule 12(b), Fed. R. Crim. P.
18 In addition, the defendant requests a continuance of the trial in this case for a
19 period of at least sixty (60) days. Defense counsel anticipates being out of the oflice for
20 most of the month of July because of medical issues and may not return full time to the
21 practice until later in August. Even if the continuance requested would extend beyond
22 the maximum date under the Speedy Trial Act, the ends of justice served by granting
23 such a motion outweigh the best interest of the government and the defendant in a
24 speedy trial. 18 U.S.C. § 3l6l(h)(8)(A). This is because the failure to grant a
25 continuance would deny counsel for the defendant the reasonable time necessary for
26 effective preparation, taking into account the exercise of due diligence. 18 U.S.C.
27 §3l6l(h)(8)(B)(iv). Investigation and pretrial preparation will take at least an
28

1 additional sixty (60) days because of the volume of discovery and seriousness of the
2 case.
3 Defense counsel has contacted Assistant U.S. Attorney Brian G. Larson
4 regarding this motion and he has stated the government does not object.
. 5 CONCLUSION
6 For the reasons stated, the defendant respectfully requests that the Court enter an
7 order extending the pretrial motions for a period of approximately forty-five (45) days
8 and continuing the trial for a period of at least sixty (60) days.
9 RESPECTFULLY SUBMITTED this 29m day of June, 2006.
10 Law Office of Thomas M. Hoidal, P.L.C.
ll
12 sl Thomas M. Hoidal
13 - THOMAS M. HOIDAL
Attorney for Defendant
14
ORIGINAL filed this 29* day
*5 arms, 2006, wan;
. 16
Clerk of the Court
17 District of Arizona
18 Sandra Day O'Connor U.S. Courthouse
401 West Washington Street
19 Phoenix, AZ 85003-2158
20 A COURTESY COPY of the foregoing hand-
21 delivered this 29*h day of June, 2006, to: ·
22 Hon. James A. Teilborg
23 United States District Judge
Sandra Day O'Co1u1or U.S. Courthouse
24 401 West Washington Street
Phoenix, AZ 85003-2158
25
26 .
27
28
-3-


1 A copy mailcd
2 this same dato to:
3 Brian G. Larson, Esq. Bria11.La1·[email protected]
Assistant United Statcs Attorney
4 Jason Wahl
5 Defendant
6
7
8 .
9
10
1 1
1 2
13
14
1 5
16
1 7
1 8
19
20
2 1
22
23
24
25
26
27
28
-4-

Case 2:04-cr-00675-JAT

Document 238

Filed 06/29/2006

Page 1 of 4

Case 2:04-cr-00675-JAT

Document 238

Filed 06/29/2006

Page 2 of 4

Case 2:04-cr-00675-JAT

Document 238

Filed 06/29/2006

Page 3 of 4

Case 2:04-cr-00675-JAT

Document 238

Filed 06/29/2006

Page 4 of 4