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

1 2 3 4

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 UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant vs. FREDERICA ANN CONLEY, et al., Defendant STATE OF ARIZONA, Plaintiff, ) ) ) ) ) ) ) ) ) Case No. CR 06-0412-PHX-FJM

MOTION TO CONTINUE TRIAL

Defendant, Frederica Ann Conley, through counsel, Michael B. Bernays, hereby moves the court to continue the trial date currently scheduled for October 3, 2006, on the grounds that counsel requires additional time to complete pre-trial investigation of this matter and to prepare the matter for trial should plea negotiations fail to resolve the case. The Court should, however, be aware that counsel is optimistic that plea negotiations will be fruitful and has requested the referral of this matter to a magistrate judge for the entry of a change of plea by the defendant. Counsel would request the Court to continue the October 3, 2006 trial date to give counsel time to complete his investigation.

Excludable time pursuant to 18 U.S.C. § 3161(h) will occur as a result of this motion.
RESPECTFULLY SUBMITTED this September 29, 2006.

Case 2:03-cr-01082-MHM

Document 65

Filed 09/29/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Copy of the foregoing delivered via CM/ECF this September 29, 2006, to: Kim Hare Assistant U.S. Attorney U.S. Department of Justice 40 N. Central Avenue, Suite 1200 Phoenix, AZ 85004 By /s Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 65

Filed 09/29/2006

Page 2 of 2