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

LAW OFFICES OF THOMAS JACOBS 271 North Stone Avenue Tucson, Arizona 85701 PHN : (520) 628-1622 FAX : (520) 628-4534 Thomas Jacobs, Esq. State Bar No. 013275 P.C.C. No. 64489 Attorney for: JUAN FELIX. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. JUAN FELIX, Defendant. ) ) ) ) ) ) ) ) ) )

No. CR04-403-02-PHX-ROS

MOTION TO CONTINUE SENTENCING AND SET [9th Request]

It is expected that excludable delay under 18 U.S.C. §3161(h)(3)(B)(8)(A) will occur as a result of this motion or from an order based thereon. COMES NOW Defendant, by and through his attorney, and hereby moves this Court for a continuance of the Sentencing Hearing date presently scheduled on April 10, 2006. This request for a continuance is made for the following reason(s): 1. The Defendant has been assisting the Government with the apprehension of a Federal fugitive. Defendant will benefit substantially if efforts are successful, since he will avoid a statutory minimum sentence in this matter. Additional time is needed to determine whether Defendant's efforts will be successful, and a continuance of this matter is in the interests of justice.

Case 2:04-cr-00403-ROS

Document 116

Filed 04/05/2006

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2.

Both undersigned counsel and the Government's counsel have schedule conflicts with the Sentencing Hearing set in this matter.

3.

Undersigned counsel's office has spoken with Assistant U.S. Attorney Glenn McCormick, who stated he has no objection to the continuance. Undersigned counsel's staff has also spoken with Justine Kozak, U.S. Probation Officer, who stated she has no objection to the continuance.

4.

Pursuant to Local Rule 1.10(n), Defendant hereby advises the court that this is the ninth requested extension. WHEREFORE, undersigned counsel requests that the sentencing hearing date

of this matter be continued to next convenient court date, but in any event not less than sixty (60) days from the present setting. RESPECTFULLY SUBMITTED this 5th day of April, 2006. LAW OFFICES OF THOMAS JACOBS

By_____________________________ Thomas Jacobs, Esq. Attorney for Defendant Copy of the foregoing mailed/delivered this 5th day of April, 2006 to: Hon. Roslyn O. Silver United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, AZ 85003 Glenn McCormick, Esq. U.S. ATTORNEYS OFFICE Two Renaissance Square 40 North Central Avenue, Suite 660 Phoenix, Arizona 85004-4408

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Justine Kozac U.S. Probation Offices 401 West Washington Space 7, Suite 160 Phoenix, AZ 85003-2119 Juan Felix, #82106-008 CCA P.O. Box 6300 Florence, AA 85232

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. JUAN FELIX, Defendant. ) ) ) ) ) ) ) ) ) )

No. CR04-403-02-PHX-ROS

ORDER

[9th Request]

Upon Motion of the Defendant and good cause appearing; IT IS ORDERED vacating the Sentencing Hearing date of April 10, 2006. IT IS FURTHER ORDERED that this matter is RESET for Sentencing Hearing on the , day of DATED this , 2006, at ________ __m. day of , 2006.

___________________________ Hon. Roslyn O. Silver United States District Court Judge

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