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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

JON M. SANDS Federal Public Defender SAUL M. HUERTA, JR. Assistant Federal Public Defender Arizona State Bar No. 018410 407 West Congress Street, Suite 501 Tucson, Arizona 85701-1310 Telephone: (520) 879-7500 Facsimile: (520) 879-7601 [email protected] Attorney for Defendant SMH/asp 12/10/2007 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, v. Marcial Avila-Anguiano, Defendant. ) ) ) ) ) ) ) ) ) ) NO: CR-04-0594-3-PHX-ROS MOTION TO EXTEND DEADLINES AND CONTINUE TRIAL OF DECEMBER 18, 2007 (First Request)

It is expected that excludable delay under 18 U.S.C. § 3161will occur as a result of this
16

motion or an order based thereon.
17

Defendant, MARCIAL AVILA-ANGUIANO, through counsel, respectfully requests an
18

extension of the motions deadline, the plea deadline, and a continuance of the trial set for
19

December 18, 2007. The parties have agreed that upon receipt of this request by the Court, the
20

trial will be continued to February 5, 2008. This request for continuance is made for the
21

following reasons:
22

1.
23 24 25 26

This matter was remanded from the Ninth Circuit Court of Appeals for a jury trial on Counts 4-6. As such, further investigation is required for defense counsel to properly represent Mr. AvilaAnguiano. Thus, the ends of justice will be served by a continuance and it outweighs the best interests of the public or defendant in a speedy trial. Denial of the motion would result in a miscarriage of justice. Assistant United States Attorney, Joe Koehler, has no objection to this request.

2.
27 28

///

Case 2:04-cr-00594-ROS

Document 175

Filed 12/10/2007

Page 1 of 2

1 2 3 4 5 6

DATED this 10th day of December 2007. JON M. SANDS Federal Public Defender s/ SAUL M. HUERTA, JR. ____________________________ SAUL M. HUERTA, JR. Assistant Federal Public Defender

Copy of the foregoing Motion to Continue Trial of December 18, 2007 provided by ECF 7 or other means this 10th day of December 2007 to:
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THE HONORABLE ROSYLN O. SILVER United States District Court JOE KOEHLER, Assistant United States Attorney's Office, Phoenix

Case 2:04-cr-00594-ROS

Document 175 2 Filed 12/10/2007

Page 2 of 2