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 1st 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 Defendant's Motion to Continue Trial and Extend Time to File Pretrial Motions (filed 3/19/07) 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 April 3, 2007 to Tuesday, May 1, 2007 at 9:00 a.m. in Phoenix, Arizona. IT IS FURTHER ORDERED extending the deadline for filing pretrial motions to March 23, 2007. Counsel are advised that it is this Court's practice to set the deadline for filing pretrial motions 5-6 weeks prior to trial.

Case 2:04-cr-00675-JAT

Document 284

Filed 03/20/2007

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IT IS FURTHER ORDERED vacating Status Conference set for March 21, 2007 at 4:00 p.m. Excludable delay under 18 U.S.C.§3161(h) is found to commence on 4/4/07 through 5/1/07 , for a total of 27 days.

Counsel are 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 3/19/07 failed to indicated that request Any future motion to continue must contain this information or counsel will be required to re-file the motion. DATED this 20th day of March, 2007.

cc: AUSA, def cnsl (George Klink)

Case 2:04-cr-00675-JAT

Document 284

Filed 03/20/2007

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