Free Motion to Continue Trial - District Court of Arizona - Arizona

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 Attorney for Defendant

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UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA Plaintiff, vs. SHEILA M. ISABELL, et al., Defendant ) ) ) ) ) ) ) ) Case No.: CR 03-1082-001-PHX-MHM

MOTION TO CONTINUE TRIAL

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the trial currently scheduled for October 3, 2006, on the grounds that counsel needs additional time to complete his investigation of the case and to continue his discussions of the disclosure with his client, who resides in Ohio. Counsel would further alert the Court that Mr. Lopez, AUSA assigned in this matter, and undersigned counsel have been discussing the possibility of transferring this case to Ohio pursuant to Rule 20, Rules of Federal Criminal Procedure, for the purpose of the Defendant entering a plea and being sentenced. Counsel and Mr. Lopez have, counsel believes, reached an agreement at to the plea which would be acceptable to both parties; however, despite Mr. Lopez's efforts to contact undersigned counsel, the attorney's for the parties have not yet resolved the issue of transfer to the Southern District of Ohio. Counsel has contacted Mr. Lopez's office and has been authorized to advise the Court that Mr. Lopez does not oppose this motion. Counsel would therefore move the Court to continue this matter for approximately 45 days to give the parties an opportunity to see if the

Case 2:03-cr-01082-MHM

Document 67

Filed 10/02/2006

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could work out a Rule 20 transfer to the Defendant's home state.
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Excludable delay pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) will occur as a result
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of this motion.
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RESPECTFULLY SUBMITTED this 29th day of September, 2006.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 29th day of September, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 67

Filed 10/02/2006

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 Attorney for Defendant

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA Plaintiff, vs. SHEILA M. ISABELL, et al., Defendant ) ) ) ) ) ) ) ) Case No.: CR 03-1082-001-PHX-MHM

MOTION TO CONTINUE TRIAL

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the trial currently scheduled for October 3, 2006, on the grounds that counsel needs additional time to complete his investigation of the case and to continue his discussions of the disclosure with his client, who resides in Ohio. Counsel would further alert the Court that Mr. Lopez, AUSA assigned in this matter, and undersigned counsel have been discussing the possibility of transferring this case to Ohio pursuant to Rule 20, Rules of Federal Criminal Procedure, for the purpose of the Defendant entering a plea and being sentenced. Counsel and Mr. Lopez have, counsel believes, reached an agreement at to the plea which would be acceptable to both parties; however, despite Mr. Lopez's efforts to contact undersigned counsel, the attorney's for the parties have not yet resolved the issue of transfer to the Southern District of Ohio. Counsel has contacted Mr. Lopez's office and has been authorized to advise the Court that Mr. Lopez does not oppose this motion. Counsel would therefore move the Court to continue this matter for approximately 45 days to give the parties an opportunity to see if the

Case 2:03-cr-01082-MHM

Document 67

Filed 10/02/2006

Page 3 of 4

1

could work out a Rule 20 transfer to the Defendant's home state.
2

Excludable delay pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) will occur as a result
3

of this motion.
4

RESPECTFULLY SUBMITTED this 29th day of September, 2006.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 29th day of September, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 67

Filed 10/02/2006

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