Free Motion for Leave - District Court of Arizona - Arizona

1 2 3 4 5

DAVID EISENBERG 331 N. First Avenue Suite 108 Phoenix, Arizona 85003 Arizona State Bar No. 017218 Telephone: (602) 452-2932 Email: [email protected]

UNITED STATES DISTRICT COURT 6 DISTRICT OF ARIZONA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel for the Defendant Sheri Blackburn respectfully submits Defendant's Motion for Leave to Submit Out of Time Defendant's Motion to Continue Trial. The motion to continue trial and proposed order are attached hereto. Counsel requests that the Court enter an order directing the Clerk of the Court to accept the motion to continue trial as of this date. On April 17, 2008, the Defendant made her initial appearance in this matter. At that time, the magistrate judge appointed the undersigned as counsel, arraigned the Defendant and gave the parties the following dates: motions due within 15 days; trial set for June 3, 2008. (Dkt. 9.) On April 21, 2008, counsel issued a series of letters to the government seeking discovery, among other materials. The government responded on April 28 th by producing approximately a compact disc 336 pages of documents, including the investigative agent's report, statements of bank accounts, bank transaction records and other financial records and reports. Counsel started to review the materials but in the process failed to note the date by when motions were due, which would have been May 5 th . Counsel regrets the oversight. Although this case does not appear to be complex in the sense of Local Rule 16.4 and the referenced portion of 18 U.S.C. § 3161(h)(8)(B)(ii), there is a good deal of material to be absorb in order to determine the best way to proceed.. United States of America, CR-03-00838-PHX-ROS Plaintiff, v. Sheri Blackburn, Defendant. DEFENDANT'S MOTION FOR LEAVE TO SUBMIT OUT OF TIME DEFENDANT'S MOTION TO CONTINUE TRIAL

Case 2:03-cr-00838-ROS

Document 11

Filed 05/08/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Counsel for the government, Assistant U. S. Attorney Howard D. Sukenic, has no objection to this request. Respectfully submitted this 8 th day of May, 2008.

s/ David Eisenberg DAVID EISENBERG Counsel for Maria Orona

I hereby certify that on May 8, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Howard D. Sukenic Assistant U. S. Attorney

s/ David Eisenberg David Eisenberg

2

Case 2:03-cr-00838-ROS

Document 11

Filed 05/08/2008

Page 2 of 2