Free Motion to Extend Time to File Pretrial Motions - District Court of Arizona - Arizona

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LAW OFFICE OF DAVID L. LOCKHART
A PROFESSIONAL CORPORATION ATTORNEY and COUNSELLOR at LAW

1440 E. Washington Street, Suite 10 Phoenix, Arizona 85034 [email protected] _____________

(602) 254-0311 Fax (602) 254-0043

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Frank Pellegrino, et al. Defendant. DEFENDANT FRANK PELLEGRINO, by and through undersigned counsel, respectfully moves this Honorable Court for an Order extending the deadline for the filing of pretrial motions for a period of thirty (30) days and continuing the trial date presently scheduled for August 12, 2008 at 9:00 a.m. for a period of no less than thirty (30) days, subject to the Court's calendar for the foregoing reasons. This case involves two (2) defendants alleged to have committed Conspiracy to Possess with No. CR03-804-PHX-DGC MOTION TO EXTEND TIME FOR FILING OF PRETRIAL MOTIONS AND TO CONTINUE TRIAL (Fourth Request)

23 24 25 26 27 the Intent to Distribute Marijuana, Conspiracy to Commit Money Laundering (and Forfeiture Allegation) in violation of federal law. Undersigned has now completed his review of discovery generated in connection with the investigation of this matter. In addition, undersigned counsel and assigned counsel for the

Case 2:03-cr-00804-DGC

Document 214

Filed 07/24/2008

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government, Mr. Michael Lee, have completed settlement negotiations. Defendant Pellegrino has been extended a revised Plea Agreement. Undersigned intends to meet with Defendant Pellegrino (who is housed in CCA) within the next seven (7) days for the purposes of reviewing and executing the newly revised Plea Agreement. Upon Defendant Pellegrino's execution of the revised Plea Agreement, undersigned will immediately contact the Court to request that this matter be scheduled for change of plea proceedings. The Court is advised that the parties are confident that this matter will not proceed to trial and will resolve via Plea Agreement. Undersigned avows that Assistant United States Attorney, Michael Lee, has no objection to the Court granting the relief requested herein.

LAW OFFICE OF DAVID L. LOCKHART

11 12 13 14 15 16 17 18 19 result from this motion or from an order based thereon. 20 21 22 23 24 25 26 27 THEREFORE, based on the foregoing, defendant, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline for a period of thirty (30) days and continuing the trial for a period of thirty (30) days from August 12, 2008 at 9:00 a.m., subject to the Court's calendar. RESPECTFULLY SUBMITTED this 24th day of July, 2008. This motion is made in good faith and will serve the public's interest in that providing defendant with effective representation is necessary to insure fairness and to protect the defendants' constitutional rights. A continuance will insure counsel for both the government and the defendant the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best interests of the public and the defendants' speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) may

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LAW OFFICE OF DAVID L. LOCKHART, P.C.

By

s/ David L. Lockhart David L. Lockhart, Esq. 1440 E. Washington Street Suite 10 Phoenix, Arizona 85034 Attorney for Defendant

CERTIFICATE OF SERVICE I certify that on July 24th, 2008, I electronically transmitted this 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: Michael Lee, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 By s/ Carol Rosales

LAW OFFICE OF DAVID L. LOCKHART

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