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

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MICHAEL D. KIMERER, #002492 Kimerer & Derrick, P.C. 221 East Indianola Avenue Phoenix, Arizona 85012 Telephone: 602/279-5900 Facsimile: 602/264-5566 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, v. FRANK DIPPOLITO, et al,, Defendant.

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Case No. 03-0864-PHX-ROS AMENDED MOTION TO CONTINUE TRIAL SET FOR MAY 6, 2008 (Expedited Ruling Requested) (Before the Honorable Roslyn O. Silver)

Counsel for Defendant FRANK DIPPOLITO respectfully requests this Court to continue the present trial date of May 6, 2008 for at least 90 days. Defendant, through undersigned counsel,

18 19 20 21 22 23 24 25 26 27 28 the time it may take to complete the psychiatric evaluation process, it is requested that the current trial date of May 6, 2008 be continued for at least 90 days. Undersigned counsel has been in contact with counsel for the Government, Mr. David Pimsner, and stated that he has no objection to a ninety (90) day continuance and extension of time. has requested that this Court order a mental examination of Mr. Dippolito with Dr. Jack L. Potts, M.D., 221 East Indianola Avenue, Phoenix, Arizona, who is willing to exam the Defendant on an expedited basis (within 10 days). For the reasons described in Defendant's Motion for Mental Examination and because of

Case 2:03-cr-00864-ROS

Document 264 1 Filed 04/09/2008

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Based upon the reasons set forth, Counsel requests that this Court enter an Order continuing the current trial date of May 6, 2008, and the pretrial motions deadline, for approximately ninety (90) days. Defense counsel avows that this Motion is made in good faith and with good cause. Excludable delay less than 18 U.S.C. 3161(h) will not occur as a result of this Motion and

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY THAT on April 9, 2008, I electronically transmitted the attached Motion to the Clerk of the Court using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David Pimsner Assistant United States Attorney 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 A COURTESY COPY of the foregoing was Sent via e-mail and regular U.S. Mail to: The Honorable Roslyn Silver United States District Judge 401 W. Washington Phoenix, AZ 85003 By: S/Nancy M. Alexander CERTIFICATE OF SERVICE By: S/Michael D. Kimerer_______________ Michael D. Kimerer Attorney for Defendant Dippolito KIMERER & DERRICK, P.C. Order based thereon. RESPECTFULLY SUBMITTED this 9th day of April, 2008.

Case 2:03-cr-00864-ROS

Document 264 2 Filed 04/09/2008

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