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 MOTION TO CONTINUE TRIAL AND EXTEND TIME IN WHICH TO FILE PRETRIAL MOTIONS (Expedited Ruling Requested) (Before the Honorable Roslyn O. Silver)

Defendant, Frank Dippolito, through counsel undersigned, respectfully requests this Court to enter an Order continuing the current trial date of February 5, 2008 at 8:30 a.m., and the pretrial motions deadline for approximately ninety (90) days. This continuance is necessary for the following reasons.

21 22 23 24 25 26 27 28 Defense counsel recently met with the defendant and it appears the defendant's medication is "working". At this meeting defense counsel received new specific information As stated previously, the defendant has experienced severed anxiety attacks and major depression since his incarceration at CCA. There were periods of time where it was difficult for defense counsel to get him to focus on the circumstances of his case in order to develop the best defense strategy for trial or a possible resolution.

Case 2:03-cr-00864-ROS

Document 259 1 Filed 01/15/2008

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which the defense needs to investigate to help resolve this case short of trial. This new information concerns alibi evidence concerning dates when certain overt acts in the conspiracy occurred. It will take additional time for defense counsel to look into these matters and is therefore requesting that his trial be continued for a period of ninety (90) days.

6 7 8 9 10 11 12 13 14 15 16 Order based thereon. 17 18 19 Kimerer & Derrick, P.C. 20 21 22 23 24 25 26 27 28 By: S/Michael D. Kimerer_____ Michael D. Kimerer Attorney for Defendant Dippolito RESPECTFULLY SUBMITTED this 15th day of January, 2008. continuing the current trial date of February 5, 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 Undersigned counsel has been in contact with counsel for the Government, Mr. David Pimsner, attempting to resolve these issues and stated that he has no objection to a ninety (90) day continuance and extension of time. Based upon the reasons set forth, Counsel requests that this Court enter an Order

Case 2:03-cr-00864-ROS

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CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on January 15, 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

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