Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Arizona State Bar No. 007480 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-03-1096-PHX-SMM Plaintiff, v. Rafael Cruz-Ayon, Movant. GOVERNMENT'S MOTION TO CONTINUE THE EVIDENTIARY HEARING SET PURSUANT TO 18 U.S.C. § 2255 CV-05-2576-PHX-SMM (BPV)

The United States of America, by and through undersigned counsel, respectfully requests

16 a continuance of the evidentiary hearing currently scheduled for January 16, 2007, for the reason 17 that Joseph Lopez, the defendant's former retained counsel, who will be required to testify as 18 to issues alleged by the defendant, has a firm trial date scheduled on January 16, 2007, in State 19 Court in the State of Illinois. Accordingly, the government requests that the hearing be reset for 20 seven days to January 23, 2007, at which time Mr. Lopez will be available to travel to Arizona 21 and testify. 22 Excludable delay under 18 U.S.C. 3161(h) will not occur as a result of this motion and order 23 based thereon. 24 // 25 // 26 // 27 // 28 //

Case 2:03-cr-01096-SMM

Document 68

Filed 11/30/2006

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Respectfully submitted this 30th day of November, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

I hereby certify that on November 30, 2006, I served the attached document by U.S. Postal mail on the following, who is not a registered participant of the CM/ECF system: Rafael Cruz-Ayon #81272-008 FCI Safford P.O. Box 9000 Safford, Arizona 85548

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Case 2:03-cr-01096-SMM

Document 68

Filed 11/30/2006

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