Free Motion to Continue - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Ricardo Apodaca-Acosta, ) ) Defendant ) __________________________ ) Case No. CR 04-405-PHX-DGC MOTION TO CONTINUE SENTENCING

8 United States of America, 9 10 11 12 13 14

COMES NOW the Defendant, Ricardo Apodaca-Acosta, by and

15 through undersigned counsel, and respectfully moves to continue 16 the sentencing presently set for September 12, 2005, at 1:30 p.m. 17 for approximately thirty (30) days.

Undersigned counsel has

18 received a number of documents from the Defendant that need to be 19 translated prior to sentencing.

In addition, there are certain

20 sentencing issues that must be researched prior to sentencing and 21 counsel needs additional time to complete same. 22

Assistant United States Attorney Joseph Koehler has no

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

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It is not expected that excludable delay under 18 U.S.C.

2 § 3161(h)(8)(B)(iv) will occur as a result of this Motion or from 3 an Order based thereon. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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

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

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CERTIFICATE OF SERVICE

X I hereby certify that on September 7, 2005, I electronically transmitted the attached document to the Clerk's Office using the 3 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Joseph Koehler, Esq. 5 ASSISTANT UNITED STATES ATTORNEY X I hereby certify that on September 7, 2005, I served the 7 attached document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 8 Mike Acosta 9 UNITED STATES PROBATION OFFICER Sandra Day O'Connor U.S. Courthouse - SPC 7 10 401 West Washington - Suite 160 Phoenix, AZ 85003 11 S/ Philip A. Seplow 12
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