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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Pete Jesse Cardenas (2), Defendant. No. CR 04-00675-2-PHX-JAT ORDER SEALED CASE 2nd Request

Upon motion of the defendant, Government having no objection, and good cause appearing, to wit: discovery not complete, additional time needed for investigation and trial preparation, IT IS HEREBY ORDERED that [286] Defendant's Motion to Continue Trial and Extend Time to File Pretrial Motions (filed 4/2/07) is granted pursuant to 18 U.S.C. §3161(h)(8)(A). This court specifically finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial. This finding is based upon the court's conclusion that the failure to grant such a continuance would deny 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 ORDERED continuing trial from May 1, 2007 to Tuesday, June 5, 2007 at 9:00 a.m. in Phoenix, Arizona. IT IS FURTHER ORDERED extending the deadline for filing pretrial motions to April 24, 2007.

Case 2:04-cr-00675-JAT

Document 287

Filed 04/09/2007

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IT IS FURTHER ORDERED vacating Status Conference set for April 16, 2007 at 1:15 p.m. Excludable delay under 18 U.S.C.§3161(h) is found to commence on 5/2/07 through 6/5/07, for a total of 34 days. Defense counsel is advised that any motion to continue shall indicate the length of continuance being sought (i.e., 30 days, 60 days, etc.). The motion filed by defense counsel on 4/2/07 again failed to indicated that request. This being a sealed case, this Order is filed under seal. DATED this 6th day of April, 2007.

cc: AUSA, def cnsl (George Klink)

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Case 2:04-cr-00675-JAT

Document 287

Filed 04/09/2007

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