Free Motion to Continue Dispositional Hearing - District Court of Arizona - Arizona

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C.
Michael J. Bresnehan, Esquire

2 1761 East McNair Drive, Suite 101
Tempe, AZ 85283-5002

3 480-345-7032
[email protected]

4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 United States of America, 9 10 11 12 13 14 this Court to continue, for approximately two weeks, the disposition hearing scheduled for 15 16 November 13, 2007 at 2:30 P.M., all for the reasons set forth in the accompanying memorandum of NESTOR ROMERO, Defendant. COMES NOW the defendant, by and through the undersigned attorney, and hereby moves vs. Plaintiff, MOTION TO CONTINUE DISPOSITION HEARING IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR04-00239-003-FJM

17 points and authorities. 18 The government, through Assistant U.S. Attorney, Michael Lee, has been contacted, and is

19 not opposed to the relief sought herein. 20 21 22 23 24 25 26 27 28 . . . MICHAEL J. BRESNEHAN, P.C. s/ Michael J. Bresnehan Attorney for Defendant RESPECTFULLY SUBMITTED this 7th day of November, 2007 by

Case 2:04-cr-00239-FJM

Document 116

Filed 11/07/2007

Page 1 of 2

1 2 3 4 5 6

MEMORANDUM OF POINTS AND AUTHORITIES The defendant's probation officer, Alicia Pineda, is under the impression that the defendant, Nestor Romero, has been using illicit drugs recently while on supervised release. That belief is articulated in Ms. Pineda's sentencing memorandum. Mr. Romero denies that he has used illicit drugs recently. He asserts that the only drug he

7 has used is a pain medication for which he had a prescription. 8 Mr. Romero submitted to a urinalysis at the CCA facility in Florence, Arizona shortly after

9 being taken into custody. That urinalysis should corroborate Mr. Romero's assertion that he has 10 been clean. The undersigned attorney should be able to obtain from Mr. Romero's doctor a copy of 11 the prescription for the pain medication. 12 13 With the above in mind, the defendant, through the undersigned attorney, is seeking a two-

14 week continuance of his disposition hearing to obtain the results of the urinalysis performed at 15 CCA, and to obtain a copy of Mr. Romero's prescription for pain medication. 16 17 MICHAEL J. BRESNEHAN, P.C. 18 19 20 21 22 23 24 25 26 27 28 Case 2:04-cr-00239-FJM Document 116 I hereby certify that on November 7, 2007, I served the attached document by MAIL on the following, who are not registered participants of the ECF System: Nestor Romero Defendant s/ Michael J. Bresnehan s/ Michael J. Bresnehan Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on November 7, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Michael Lee, Esq. Assistant U.S. Attorney Hon. Frederick J. Martone U.S. District Judge RESPECTFULLY SUBMITTED this 7th day of November, 2007 by

2Filed 11/07/2007

Page 2 of 2