Free Motion to Continue Change of Plea Hearing - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Ste. 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2729 5 JANE L. McCLELLAN AZ State Bar No. #015902 6 Asst. Federal Public Defender [email protected] 7 Attorney for Defendant 8 9 10 11 12 13 14 15 16 v. Timothy Wayne Isabell, (First Request) Defendant. Defendant requests that the change of plea hearing scheduled for April United States of America, No. CR-03-1082-PHX-MHM (ECV) Plaintiff, MOTION TO CONTINUE CHANGE OF PLEA HEARING IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

17 24, 2006, be continued for approximately two weeks, because defendant needs more 18 time to make travel arrangements. Defendant lives in Florida and is in ill health, 19 because he had heart bypass surgery a few years ago and now suffers from congestive 20 heart failure. The trial in this matter is set for May 16, 2006, before Judge Murguia, 21 22 so a two-week continuance would still be well in advance of the trial date. 23 Defense counsel has attempted to contact Assistant U.S. Attorney John Lopez 24 regarding his position on this motion, but he is currently in trial and defense counsel 25 was unable to ascertain his position prior to filing this motion. Defendant will inform 26 the Court regarding the government's position on this motion as soon as possible. 27 28 It is expected that excludable delay under Title 18 U.S.C. §3161(h)(1)(F) will occur as a result of this motion or from an order based thereon.

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Respectfully submitted: April 12, 2006. JON M. SANDS Federal Public Defender

s/ Jane L. McClellan JANE L. McCLELLAN Asst. Federal Public Defender

9 Copy of the foregoing transmitted by ECF for filing this 12th day 10 of April, 2006, to: 11 Clerk's Office 12 United States District Court Sandra Day O'Connor Courthouse 13 401 W. Washington Phoenix, Arizona 85003 14 John Lopez 15 Assistant U.S. Attorney Square 16 Two RenaissanceAve., Ste. 1200 40 North Central 17 Phoenix, Arizona 85003 18 Michael B Bernays 19 Michael B Bernays PC 111 W Monroe St 20 Ste 1650 Phoenix, AZ 85003 21 22 Copy mailed to: 23 Timothy Wayne Isabell 24 Defendant 25 26 s/ Kathy A, Kruckeberg 27 Kathy A. Kruckeberg 28
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