Free Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Nancy Hinchcliffe
_______________________________

Nancy Hinchcliffe Attorney-at-Law State Bar No. 004052 11 West Jefferson, Suite 2 Phoenix, Arizona 85003-2302 [email protected] (602) 252-3200 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, v. Derek Ralph Mitzel, Defendant. No. CR-03-1060-PHX-PGR Defendant's Motion to Continue Sentencing Hearing (Eighth Request)

Defendant Derek Mitzel by his attorney, Nancy Hinchcliffe, moves this Court for an order continuing the sentencing from September 26, 2005, to another time convenient to the Court, and to exclude time, if appropriate, for the following reasons: 1. The court continued Mitzel's sentencing to September 26, 2005, at Mitzel's request to allow his family members two weeks advance notice for the re-scheduling of plane tickets. 2. The assigned prosecutor, AUSA Frederick Battista, notified counsel that he is unavailable on this new date, September 26, 2005, due to jury duty in Maricopa County Superior Court. He is available at any other time, including the week of September 26, 2005, and October 3, 2005. Undersigned counsel is available on any date but October 11, 2005. 3. Mitzel respectfully requests that this matter be set giving counsel at least two weeks notice to allow for the re-scheduling of airline tickets without the doubling of airfare. 4. Counsel has contacted Assistant United States Attorney Frederick Battista who requests that this sentencing be re-set. 5. Defendant Mitzel is in custody and is in agreement with the requested extension.
Case 2:03-cr-01060-PGR Document 86 Filed 09/14/2005 Page 1 of 2

23 24 25 26 27 28

Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

Phone: (602) 252-3200 Fax: (602) 258-1018 [email protected]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Nancy Hinchcliffe
_______________________________

Excludable delay under 18 U.S.C. § 3161 (h) (8) (A) and (B) (iv) may occur as a result of this motion or of an order based thereon. Dated this 14th day of September, 2005. /s/ Nancy Hinchcliffe Nancy Hinchcliffe Attorney for Defendant Counsel certifies that an original motion was electronically filed through CM/ECF this 14th day of September, 2005, with: Clerk of the U.S. District Court U.S. Courthouse, Suite 130 401 W. Washington St., SPC-1 Phoenix, Arizona 85003-2118 Copy of this motion and proposed order e-mailed and mailed this 14th day of September, 2005, to: Honorable Paul G. Rosenblatt U.S. District Judge U.S. District Court of Arizona 401 W. Washington St. Ste. 621, SPC 56 Phoenix, Arizona 85003-0001 [email protected] Frederick Battista Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave., Ste. 1200 Phoenix, Arizona 85004-4408 Fred [email protected] Copy of this motion mailed this 14th day of September, 2005, to: Carlos Valentin U.S. Probation Officer 401 West Washington St., Suite 160, SPC 7 Phoenix, Arizona 85003-2119 By: s/Nancy Hinchcliffe

23 24 25 26 27 28

Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

Phone: (602) 252-3200 Fax: (602) 258-1018 [email protected]

-2-

Case 2:03-cr-01060-PGR

Document 86

Filed 09/14/2005

Page 2 of 2