Free Motion to Continue - District Court of Arizona - Arizona

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G EORGE F. K LINK
45 West Jefferson Luhrs Tower - Suite #810 Phoenix, AZ 85003-2328 (602) 253-3889 State Bar #004057 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) Ramon Dion Careaga, ) ) Defendant. ) ____________________________________) United States of America, No. CR 04-00097-001-PHX-MHM MOTION TO CONTINUE ADMIT/DENY HEARING

(First Request)

Defendant, Ramon Dion Careaga, by and through counsel undersigned, respectfully requests that the Court continue the admit/deny hearing currently set for March 3, 2008, for a period of two weeks, for the following reasons: 1. Undersigned counsel has a conflicting hearing in State of Arizona v. Timothy J. Cook,

No. 3685621 in the Phoenix Municipal Court on March 3, 2008, beginning at 8:30 a.m. This hearing was scheduled prior to the admit/deny hearing in this matter, is scheduled for an entire day and cannot be continued. 2. 3. Counsel was appointed counsel on February 22, 2008. Undersigned counsel needs additional time so that he may confer with the Defendant and

prepare for the admit/deny hearing. Counsel also needs additional time in which to conduct the investigation in order to provide effective assistance of counsel as mandated by the Sixth Amendment. The government, by Assistant United States Attorney, Darcy A. Cerow, does not oppose this request. For the above stated reasons, counsel needs additional time in order to provide the effective

Case 2:04-cr-00097-MHM

Document 43

Filed 02/26/2008

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assistance of counsel mandated by the Sixth Amendment of the Constitution of the United States and, therefore, a continuance of the admit/deny hearing is requested. This motion is brought in good faith for the reasons stated and not for the purpose of delay. Respectfully submitted this 26th day of February, 2008.

/s/ George F. Klink Attorney for Defendant

CERTIFICATE OF SERVICE 9 10 11 12 13 14 15 16 17 /s/ Polly Ann Markus 18 19 20 21 22 23 24 25 26 27 28 Darcy A. Cerow, Esq. [email protected] Assistant U.S. Attorney Hon. Mary H. Murguia United States District Court 401 West Washington Street Phoenix, AZ 85003 [email protected] I hereby certify that on February 26, 2008, 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:

Case 2:04-cr-00097-MHM

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