Free Motion to Continue - District Court of Arizona - Arizona

1 Brian F. Russo (018594)
2 111 W. Monroe St., Ste.1212
Phoenix, Arizona 85003
3 (602) 340-1133 Telephone l
4 (602) 258-9179 Facsimile E
5 Attorney for Defendant Lopez-Felix 1
S IN THE UNITED STATES DISTRICT COURT S
8 DISTRICT OF ARIZONA i
9 l
10 UNITED STATES OF AMERICA, Case No.: CR04—0l4-01-PHX-DGC
11 Plaintiff,
12 VS. MOTION TO CONTINUE
SENTENCING 3
13 RUBEN LOPEZ-FELIX,
14 Defendant. I
15 i
16 COMES NOW the defendant, Ruben Lopez—Felix, by and through undersigned
17 counsel, and respectfully moves this Court for an Order continuing the date set for
18 sentencing for a period of sixty (60) days for the reason that defendant has not
19 participated in a presentence interview. The defendant has had difficulty in making
20 arrangements scheduling a presentence interview, but will make it a priority. Counsel for §
21 the defendant has spoken with AUSA John Boyle who does not oppose this Motion to
22 Continue. Counsel has also spoken with Probation Officer John Evanko who does not
23 oppose and is willing to work with the defendant to schedule a date and time for a i
24 presentence interview.
25 In order to effectively represent Mr. Lopez-Felix, Defense Counsel requests i
26 additional time fro defendant to participate in a presentence interview. §
27 This motion is made in good faith and will serve the public’s interest in that E
28 providing the defendant(s) with effective representation is necessary to insure fairness ‘
1
1
_ Case 2:04-cr—00014-DGC Document 75 Filed 10/27/2005 Paget of 2
1

1 and protect the defendants’ constitutional rights. A continuance will insure counsel for J
2 both the government and the defendant the reasonable time necessary for effective
3 preparation, taking into account the exercise of due diligence. A continuance outweighs
4 the best interests of the public and the defendant in a speedy trial.
5 It is expected that excludable delay under 18 U.S.C. §3l6l(h)(8)(A), (B)(i) and 1
6 (h)(1)(f) may result from this motion or from an order based thereon.
7 THEREFORE, based on the foregoing, defendant Ruben Lopez-Felix, respectfully 2
8 requests that the Court enter an Order extending the sentencing date for a period of sixty I
9 (60) days from October 31, 2005 subject to the Court’s calendar. i
10 RESPECTFULLY SUBMITTED this 27th day of October, 2005.
11 . 1
s/ Brian F. Russo ____ g
12 Brian F. Russo l
13 Attorney for Defendant a
Lopez-Felix i
14 i
15
16
17 Copy of the foregoing sent ECF this
18 271 day of October, 2005, to: 1
l
19 The Honorable David G. Campbell Q
20 Judge of the United States District Court g
1
i
21 John Boyle
22 Asst. United States Attomey g
23 40 N. Central Ave., Ste. 1200 3
Phoenix, AZ 85003 `
24 §
25
/ Brian F. Russo
26 ,
27
28 l
E
E
Case 2:04-cr—00014-DGC Document 75 Filed 10/27/2005 Page 2 of 2 i

Case 2:04-cr-00014-DGC

Document 75

Filed 10/27/2005

Page 1 of 2

Case 2:04-cr-00014-DGC

Document 75

Filed 10/27/2005

Page 2 of 2