Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 3 Telephone: (602) 382-2731 4 ROBERT J. McWHIRTER State Bar # 012283 5 Asst. Federal Public Defender Attorney for Defendant 6 [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Francis Luna-Lara, United States of America, Plaintiff, No. CR-03-1097-PHX-ROS MOTION TO CONTINUE SENTENCING DATE (1st Request) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Defendant. Francis Luna-Lara, through undersigned counsel, respectfully requests that this Court to continue the sentencing date of November 28, 2005 for a period of two (2) weeks. Counsel was out of the country when the pre-sentence report arrived and needs the additional time to review the pre-sentence report with Mr. Luna-Lara to evaluate any possible objections or sentencing memorandum. Defense counsel has contacted Assistant United States Attorney, Lisa Settle, concerning this motion and she has no objection to the requested continuances. It is expected that excludable delay under Title 18 U.S.C. Section 3161(h)(8)(A) and (h)(1)(F) may result from this motion or from an order based thereon. Respectfully submitted: November 22, 2005. JON M. SANDS Federal Public Defender s/Robert J. McWhirter ROBERT J. McWHIRTER Asst. Federal Public Defender

Case 2:03-cr-01097-ROS

Document 128

Filed 11/22/2005

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1 Copy of the foregoing transmitted by CM/ECF for filing this 22nd day 2 of November, 2005, to: 3 CLERK'S OFFICE United States District Court 4 Sandra Day O'Connor Courthouse 401 W. Washington 5 Phoenix, Arizona 85003 6 Lisa Settle Assistant U.S. Attorney 7 United States Attorney's Office Two Renaissance Square 8 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 9 Copy mailed to: 10 11 Francis Luna-Lara Defendant 12 s/Robert J. McWhirter 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Case 2:03-cr-01097-ROS

Document 128

Filed 11/22/2005

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