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


File Size: 25.7 kB
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Date: October 26, 2005
File Format: PDF
State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, ORDER vs. ERICK MONTIEL-LOPEZ, Defendant. Upon motion of the defendant, the government not objecting, and good cause appearing therefor: IT IS HEREBY ORDERED granting defendant's Motion to Continue Sentencing Hearing No. CR 04-594-02-PHX- ROS

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pursuant to 18 U.S.C. §3161(h)(8)(A) and (1)(F). 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 that the hearing in this case set for October 31st, 2005 is vacated and continued to December 12, 2005 at 8:30 a.m., in Phoenix, Arizona. IT IS FURTHER ORDERED that excludable delay under 18 U.S.C. §3161(h)(1)(F) and (8)(A) will commence on__________________________for a total of_____days. DATED this 24th day of October, 2005.

Case 2:04-cr-00594-ROS

Document 108

Filed 10/26/2005

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