Free Motion to Continue - District Court of Arizona - Arizona

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Nancy Hinchcliffe
_______________________________

Nancy Hinchcliffe Attorney-at-Law State Bar No. 004052 11 West Jefferson, Suite 2 Phoenix, Arizona 85003 (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 (Sixth Request)

Defendant Derek Mitzel by his attorney, Nancy Hinchcliffe, moves this Court for an order continuing the sentencing from August 22, 2005, for one week or another time convenient to the Court, and to exclude time, if appropriate, for the following reasons: 1. Derek Mitzel contacted counsel indicating that he is ill and wishes to continue his sentencing hearing for one week or longer depending on the court's calendar. 2. Mr. Mitzel is diabetic. According to Mitzel, he has been sick for several days and is being treated for a staphylococcus infection. His face is swollen with sores. He feels ill and believes that either due to the illness or the medication that he is receiving he will not be clear-headed enough to be sentenced on Monday, August 22, 2005. 3. Counsel attempted to talk to medical personnel, was referred to the warden's assistant, but has not been able to speak with her. 4. Counsel has contacted Assistant United States Attorney Frederick Battista who does not object. 5. 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
Case 2:03-cr-01060-PGR Document 81 Filed 08/19/2005 Page 1 of 2

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Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

Phone: (602) 252-3200 Fax: (623) 321-7988

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Nancy Hinchcliffe
_______________________________

result of this motion or of an order based thereon. Dated this _____ day of August, 2005. __________________________ Nancy Hinchcliffe 11 West Jefferson, Suite 2 Phoenix, Arizona 85003 Attorney for Defendant Counsel certifies that an Original motion was electronically filed through CM/ECF this 19th day of August, 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 19th day of August, 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 Copy of this motion e-mailed/mailed this 19th day of August, 2005, to: Carlos Valentin U.S. Probation Officer 401 West Washington St. Suite 160, SPC 7 Phoenix, Arizona 85003-2119 Frederick Battista Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave. Suite 1200 Phoenix, Arizona 85004-4408 By: ___________

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Attorney

_______________________________

11 West Jefferson Suite 2 Phoenix, AZ 85003

Phone: (602) 252-3200 Fax: (623) 321-7988

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Case 2:03-cr-01060-PGR

Document 81

Filed 08/19/2005

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