Free Motion to Continue - District Court of Arizona - Arizona

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MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-04-569-001-PHX-ROS ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE SENTENCING ) Hugo Sotelo, ) ) (First Request) Defendant. ) _______________________________________) The defendant, Hugo Sotelo, by and through counsel respectfully moves the Court for a continuance of the presently scheduled sentencing hearing date of August 8, 2005 on the following grounds: 1. This matter is presently set for a sentencing hearing on Monday, April 8, 2005. The Pre-sentence Report was received by counsel (by facsimile) on July 15, 2005. Due to counsel's preparation for trial to begin in Prescott on July 25, 2005, counsel was not able to review the report with Mr. Sotelo. A meeting with the client via VTC is being scheduled, however, the coordinator is not available today to process requests. 2. Counsel respectfully requests this matter be continued for two (2) weeks to permit time for review of the PSR and any necessary filings. 3. Mr. Sotelo is in custody. Counsel for the Government, Timothy Duax, has no objection to this request. Said motion is based on all files, records and proceedings herein. WHEREFORE, defendant, Hugo Sotelo, respectfully requests the sentencing hearing in this matter be continued for two (2) weeks.

Case 2:04-cr-00569-ROS

Document 86

Filed 08/01/2005

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Excludable delay under 18 U.S.C. §3161(h)(8) will occur as a result of this motion or from an order based thereon.

Respectfully submitted this ____ day of _______________, 2005.

______________________________________ MARK PAIGE Attorney for Defendant Copy of the foregoing was mailed/delivered this day of , 2005 to: Timothy Duax Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue Suite 1200 Phoenix, AZ 85004-4408 ______________________ Mark A. Paige

Case 2:04-cr-00569-ROS

Document 86

Filed 08/01/2005

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1 UNITED STATES DISTRICT COURT 2 3 4 5 6 7 8 9 Upon motion of the defendant, and good cause appearing therefore, 10 IT IS HEREBY ORDERED defendant's Motion to Continue Sentencing Hearing is 11 GRANTED. 12 This Court specifically finds that the ends of justice served by granting a continuance 13 outweigh the best interest of the public and the defendant in a speedy hearing. This finding is 14 based upon the Court's conclusion that the failure to grant such a continuance would deny the 15 defendant the reasonable time necessary for effective preparation, taking into account the 16 exercise of due diligence. 18 U.S.C. §3161(h)(8)(A). 17 IT IS FURTHER ORDERED vacating the August 8, 2005 sentencing hearing date and 18 resetting for ________________________, 2005 at _____________ a.m. in Phoenix, Arizona. 19 Excludable delay under 18 U.S.C. §3161(h)___________________ will commence on 20 _____________________________ for a total of ___________ days 21 Dated this ___________ day of August, 2005. 22 23 24 25 26 27 28 _________________________________ ROSLYN O. SILVER United States District Judge DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-04-569-001-PHX-ROS ) Plaintiff, ) ) ORDER v. ) ) Hugo Sotelo, ) ) (First Request) Defendant. ) _______________________________________)

Case 2:04-cr-00569-ROS

Document 86

Filed 08/01/2005

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