Free Motion to Continue - District Court of Arizona - Arizona

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Nancy Hinchcliffe
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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 (Seventh Request)

Defendant Derek Mitzel by his attorney, Nancy Hinchcliffe, moves this Court for an order continuing the sentencing from September 12, 2005, for two weeks or another time convenient to the Court, and to exclude time, if appropriate, for the following reasons: 1. On Friday, September 2, 2005, the Court reset Mitzel's sentencing to September 12, 2005. 2. Mitzel respectfully requests that this matter be set at least two weeks away from Monday, September 12, 2005. 3. Mitzel's parents, other relatives and a friend from California are going to attend the sentencing hearing. These individuals need to reschedule their air travel in order to attend the hearing and have requested, if possible, to set this matter at least two weeks away, to avert the doubling of their air fare. Counsel has been told that the fare is substantially less if two weeks' notice is given to change the ticket. 4. In addition, undersigned counsel has two matters set in Judge Martone's court on Monday afternoon in U.S. v. John Core, CR-03-385-PCT-FJM, and U.S. v. Mounir Daly,
Case 2:03-cr-01060-PGR Document 84 Filed 09/07/2005 Page 1 of 3

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Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

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

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Nancy Hinchcliffe
_______________________________

CR-03-261-PHX-FJM, that require significant preparation on counsel's part. Although the hearings will not conflict with Mitzel's hearing timewise, it does conflict preparation-wise. 5. Counsel has contacted Assistant United States Attorney Frederick Battista who does not object. 6. Defendant Mitzel is in custody and requests this extension. 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 7th 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 7th day of September, 2005, with: Clerk of the U.S. District Court Sandra Day O'Connor 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 7th 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]
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Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

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

Case 2:03-cr-01060-PGR

Document 84

Filed 09/07/2005

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Copy of this motion mailed this day of 7th 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/

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Case 2:03-cr-01060-PGR

Document 84

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