Free Motion to Continue - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Marcial Avila-Anguiano, ) ) __________________________ ) Case No. CR 04-594-PHX-ROS MOTION TO CONTINUE SENTENCING

8 United States of America, 9 10 11 12 13

COMES NOW the Defendant, Marcial Avila-Anguiano, by and

14 through undersigned counsel, and respectfully moves to continue 15 the sentencing set for December 12, 2005, for approximately thirty 16 (30) days.

Undersigned counsel did not have an opportunity to

17 meet with the Defendant and go over the presentence report with 18 him until December 6, 2005, and counsel needs time to prepare 19 Defendant's objections to the presentence report and prepare a 20 sentencing memorandum addressing proportionality. 21

Assistant United States Attorney Joseph Koehler has no

22 objection to this request. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /

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Case 2:04-cr-00594-ROS

Document 109

Filed 12/07/2005

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Excludable delay under 18 U.S.C. § 3161(h)(8) may occur

2 as a result of this Motion or from an order based thereon. 3 4 5 6 7 8 9 10

RESPECTFULLY SUBMITTED this 7th day of December, 2005. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

CERTIFICATE OF SERVICE

X I hereby certify that on December 7, 2005, I electronically transmitted the attached document to the Clerk's Office using the 11 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 12 Joseph Koehler, Esq. 13 ASSISTANT UNITED STATES ATTORNEY
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X I hereby certify that on December 7, 2005, I served the 15 attached document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 16 Beth R. Stewart 17 U. S. PROBATION OFFICER Sandra Day O'Connor U.S. Courthouse - SPC 7 18 401 West Washington - Suite 160 Phoenix, AZ 85003 19
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S/ Philip A. Seplow

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Case 2:04-cr-00594-ROS

Document 109

Filed 12/07/2005

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