Free Affidavit - 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

AFFIDAVIT OF COUNSEL RE: DELAYED FILING OF MOTION TO CONTINUE SENTENCING

COUNTY OF PIMA STATE OF ARIZONA

) ) )

ss.

COMES NOW undersigned counsel for the Defendant, and hereby deposes and states: 1. Affiant is Counsel of Record for the Defendant, Juan Felix, in the above-captioned matter. 2. On or about September 23, 2005, Affiant caused to be filed a Motion to Continue Sentencing in this matter. This Motion was filed one judicial day before the

scheduled Sentencing Hearing. 3. Affiant and his staff have been preparing for a complex drug conspiracy trial

Case 2:04-cr-00403-ROS

Document 102

Filed 09/26/2005

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scheduled for September 27, 2005, in Pima County Superior Court, as to which the State disclosed three critical cooperating witnesses (formerly co-defendants) on Thursday, September 22, 2005. Affiant's office has been directing considerable resources toward preparing for that trial, and adjusting to disclosure of substantial new evidence on the eve of trial. 4. As a result of the foregoing, Affiant and his staff overlooked the need to continue the pending Sentencing Hearing in this matter until September 23, 2005. The request for continuance was therefore made at a late date, and Affiant apologizes for the inconvenience. WHEREFORE, undersigned counsel requests that the sentencing hearing date of this matter be continued to next convenient court date. RESPECTFULLY SUBMITTED this 26th day of September, 2005. LAW OFFICES OF THOMAS JACOBS By_____________________________ Thomas Jacobs, Esq. Attorney for Defendant Copy of the foregoing mailed/delivered this 26th day of September, 2005 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

Case 2:04-cr-00403-ROS

Document 102

Filed 09/26/2005

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