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

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TIMOTHY C. HOLTZEN Attorney at Law 245 W. Roosevelt St. Phoenix, Arizona 85003 State Bar No. 004723 (602) 799-6336 (602) 368-9140 fax Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 03-1205-PHX-PGR MOTION TO CONTINUE FINAL DISPOSITION HEARING (First Request)

8 United States of America, 9 10 12 13 14
v. Plaintiff,

11 Kirk Patrick St. John,
Defendant.

The defendant, through undersigned counsel, moves this Court to continue the

15 Final Disposition Hearing set for February 12, 2007 at 9:30 a.m., to a date 16 approximately one week later or as soon thereafter as this Court's calendar permits. 17 The defendant is not in custody and resides outside of the State of Arizona. 18
The reason for this request is that counsel and the defendant have been unable

19 to review the report and materials from the probation officer or discuss the matter 20 further with the probation officer or prosecutor. On Monday February 5, 2007, defense 21 counsel's brother was found deceased at a family residence about 100 miles from 22 Phoenix. Since that morning, defense counsel has been out of the office and out of 23 town most of the week trying to deal with, and take care of, numerous matters related 24 to the death. Counsel was briefly in the office one day and found approximately 60 25 pages of materials that the probation officer had faxed, so counsel promptly made 26 copies and mailed them Wednesday as overnight priority mail to the defendant. 27 Defense counsel learned by telephone Friday afternoon that the defendant had been 28 traveling and had not been home to receive the package in the mail.

Case 2:03-cr-01205-PGR

Document 42

Filed 02/11/2007

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Undersigned counsel has contacted the office for the Assistant U.S. Attorney

2 assigned to this case, Darcy Cerow, and she has no objection to this request.
RESPECTFULLY SUBMITTED this 11 th day of February 2007. \s Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant
Copy of the served by ECF electronic filing this 11th day of February 2007 to: Darcy Cerow Assistant U.S. Attorney Leigh Anne Gibbons United States Probation Officer and mailed to: Kirk Patrick St. John Defendant

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Case 2:03-cr-01205-PGR

Document 42

Filed 02/11/2007

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