Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona RICHARD I. MESH Assistant U.S. Attorney Arizona State Bar No. 002716 Two R enaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0276-04-PHX-SMM Plaintiff, v. David Roy Honderd, Defendant. The United States of America, through its undesigned attorneys, hereby moves this court for its order to continue the sentencing of the defendant currently scheduled for August 22, 2005 at 11:30 a.m. for the following reasons; Defendant entered into a cooperation agreement with the government but his cooperation is not yet completed. Defendant agreed to continue his sentencing until his cooperation was completed. Defendant will be again called as a witness pursuant to his plea agreement in the retrial of his co-defendant Robert C. Hazlett, now scheduled for October 4, 2005. Therefore, it is respectfully requested that Defendant Honderd's sentencing be continued to a date after October 4, 2005 so that he may fulfill the requirements of his cooperation plea agreement with the government. Undersigned counsel has spoken with the defendant's attorney, Greg Clark, who has indicated that he has no objection to this motion. Undersigned counsel certifies that this Motion is made in good faith and not for the purpose unnecessary delay. GOVERNMENT'S MOTION TO CONTINUE SENTENCING (First Request)

Case 2:04-cr-00276-SMM

Document 176

Filed 08/19/2005

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It is expected that excludable delay under Title 18 U.S.C. Section 3161(h)(1)(F) and (I) will occur as a result of this Motion or Order based thereon. Respectfully submitted this 19 th day of August, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona

S/ RICHARD I. MESH Assistant U.S. Attorney

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Case 2:04-cr-00276-SMM

Document 176

Filed 08/19/2005

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1 2 3 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 S/ RICHARD I. MESH Shawn T. Shear Senior US Probation Officer 401 W. Washington Street Phoenix, AZ 85003 S/ RICHARD I. MESH

CERTIFICATE OF SERVICE I hereby certify that on 19 th , day of August, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Greg Clark 45 W. Jefferson 14th Floor Phoenix, AZ 85003 [email protected]

I hereby certify that on 19 th , day of August, 2005, I served the attached document by Fax on the following, who are not registered participants of the CM/ECF system:

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Case 2:04-cr-00276-SMM

Document 176

Filed 08/19/2005

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