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

TYRONE MITCHELL, P.C. Tyrone Mitchell, Esq., No. 016267 1700 North Seventh Street, Suite 3 Phoenix, Arizona 85006 Telephone: (602) 258-5749 Facsimile: (602) 258-5233 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA., Plaintiff, vs. OMAR ALEJANDRO URIAS-LEON, Defendant. _____________________________________ ) No. CR 04-0028 PHX SRB ) ) MOTION TO CONTINUE ) SENTENCING ) (First Request) ) ) ) ) )

DEFENDANT OMAR ALEJANDRO URIAS-LEON, by and through undersigned counsel, respectfully moves this Honorable Court for an Order continuing the sentencing date presently scheduled for April 23, 2007 for a period of thirty(30) days subject to the Court's calendar and for the foregoing reasons. Defendant OMAR ALEJANDRO URIAS-LEON plead guilty with conspiracy to Possession with Intent to Distrubute drugs. The probation office disclosed the draft of the Presentence Report. In the report, the officer details conduct that is unrelated to this case. Defense counsel needs additional time not only to go over this report with the Defendant but

Case 2:04-cr-00028-SRB

Document 194

Filed 04/05/2007

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also to file a response to the report. The conduct discussed in the report could impact whether the Court may reject the plea agreement. Undersigned counsel avows that he has contacted the Assistant United States Attorney assigned to this matter, Keith Vercauteren regarding his position to this motion and Mr. Vercauteren does not have any objection the relief being requested herein. This Motion is made in good faith and will serve the public's interest in that providing Defendant with effective representation is necessary to insure fairness and protect the Defendant's constitutional rights. A continuance will insure counsel for both the government and the Defendant the reasonable time necessary for effective preparation. Indeed a

continuance outweighs the best interests of the public and the Defendant's speedy trial rights. THEREFORE, based on the foregoing, DEFENDANT OMAR ALEJANDRO URIASLEON, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order continuing the sentence for a period of thirty (30) days, subject to the Court's calendar. RESPECTFULLY SUBMITTED this 5 th day of April, 2007. TYRONE MITCHELL, P.C. By /s/ Tyrone Mitchell

Tyrone Mitchell Attorneys for Defendant

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CERTIFICATE OF SERVICE I certify that on the 5 th day of April, 2007, I electronically transmitted this 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. Keith Vercauteren , Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408

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