Free Motion to Continue Trial - 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

6 DISTRICT OF ARIZONA 7 ____________________________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) ) v. ) ) Joseph Cayer, ) ) Defendant. ) ____________________________________) United States of America, No. CR03-01164-010-PHX-PGR MOTION TO CONTINUE TRIAL AND EXTEND TIME TO FILE PRETRIAL MOTIONS (First Request)

Defendant, Joseph Cayer, by and through counsel undersigned, respectfully requests that the Court continue the trial currently set for April 25, 2006 and extend time to file pretrial motions for the following reasons: Another matter involving this Defendant was brought to counsel's attention, as well as the attention of Pretrial Services. This matter had to be investigated by counsel and the United States Attorney to determine if it was related to the instant case. As a consequence, more time is required to further investigate and review additional discoverable materials, as well as to evaluate how the new matter may impact the Defendant in the instant case. In order to provide the effective assistance of counsel mandated by the constitution and for the reasons stated above, a continuance is needed for at least sixty (60) days. For the same reasons, counsel moves for an extension of time within which to file pretrial motions. Assistant United States Attorney, Timothy Duax, has no opposition to this continuance. Undersigned counsel has contacted all co-counsel and none have an objection to this request. This motion is brought in good faith for the reasons stated and not for the purpose of delay.

Case 2:03-cr-01164-PGR

Document 407

Filed 04/12/2006

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EXCLUDABLE DELAY pursuant to 18 U.S.C. §3161(h)(8)(A) and (h)(I)(F) may result from this motion and any order entered. Respectfully submitted this 12th day of April, 2006. By: /s/ George F. Klink Attorney for Defendant

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CERTIFICATE OF SERVICE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Susan L. West Case 2:03-cr-01164-PGR Document 407 Filed 04/12/2006 -2Page 2 of 2 Loyd C. Tate, Esq. [email protected] Gail Gianasi Natale, Esq. [email protected] Brian F. Russo, Esq. [email protected] David L. Lockhart, Esq. [email protected] Eugene Marquez, Esq. [email protected] Candace H. Kent, Esq. [email protected] Joanne F. Landfair, Esq. [email protected] James W. Cochran, Esq. [email protected] Robert J. Kavanagh, Esq. [email protected] Timothy T. Duax [email protected] Assistant U.S. Attorney Hon. Paul G. Rosenblatt United States District Court 401 West Washington Street Phoenix, AZ 85003 [email protected] I hereby certify that on April 12, 2006, I electronically transmitted the attached 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: