Free Motion to Continue - District Court of Arizona - Arizona

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

ALBERT GARCIA 127 North Alamo Road Alamo, Texas 78516 Phone (956) 783-1008 Fax (956) 783-9155 Federal Id. No. 16903 Southern Dist. of Texas RICHARD GARZA 508 S. 12TH Avenue Edinburg, Texas 78539 Phone (956) 316-1088 Fax (956) 316-0881 Federal Id. No. 16918 Southern Dist. of Texas Attorneys for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA VS. OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ § § § § § § § CR-03-787-PHX-MHM MOTION TO CONTINUE TRIAL

COMES NOW OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ, Defendant herein, by and through his attorneys of record, ALBERT GARCIA and RICHARD GARZA, and files this his Defendant's Unopposed Motion for Continuance, and for cause thereof would show the Court the following:

Case 2:03-cr-00787-MHM

Document 103

Filed 08/16/2005

Page 1 of 5

1 2 3 4 5 6 7

I. This case is set on the Court's Docket for Trial for July 25, 2005. II. This Court has set a deadline for the filing of all pre-trial motions for August 15, 2005. Counsel requests a continuance based on the fact that it is very likely that a global plea agreement will be entered into between the Government

8 9 10 11 12

and the Defendant. However, all parties need additional time in order to continue negotiations and to allow the Government to evaluate certain issues revolving said global agreement. Based on the foregoing, counsel requests that the trial setting be continued to October 18, 2005.

13 14 15 16 17 18 19 20 21 22 23 24 25

The undersigned would also show this Court that the assigned Assistant United States Attorney, the Hon. David A. Pimsner, is not opposed to this continuance. III. This continuance is not sought for delay but that justice may be done and your accused properly represented as allowed under the United States Constitution. It is expected excludable delay under Title 18 U.S.C. Section 3161 (h)(8)(A) may occur as a result of this Motion or from an Order based thereon. RESPECTFULLY SUBMITTED this 16th day of August, 2005.

Case 2:03-cr-00787-MHM

Document 103

Filed 08/16/2005

Page 2 of 5

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

LAW OFFICES OF RICHARD GARZA 508 S. 12th Avenue Edinburg, Texas 78539 TEL.: (956) 316-1088 FAX.: (956) 316-0881

/s/ Richard Garza Federal Id. No. 16918 Southern Dist. of Texas Attorney for Defendant

Copy of the foregoing mailed/delivered this 16th day of August, 2005, to: Honorable Mary H. Murguia U.S. District Court Judge U.S. DISTRICT COURT Sandra Day O'Connor U. S. Courthouse 401 W. Washington St. Phoenix, AZ 85003 David A. Pimsner Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408

Case 2:03-cr-00787-MHM

Document 103

Filed 08/16/2005

Page 3 of 5

1 2 3 4 5 6 7 8 9 10 11 12

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA VS. OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ § § § § § § § CR-03-787-PHX-MHM ORDER

On this day came on to be considered Defendant's Unopposed Motion for Continuance, and upon duly considering same, the Court specifically finds that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. §3161 (h)(8)(A). This finding is

13 14 15 16 17 18 19 20 21 22 23 24 25

based upon the court's conclusion that the failure to grant such a continuance would deny counsel for the defendant and the attorney for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §361 (h)(8)(B)(iv). IT IS ORDERED that the trial date of July 25, 2005 in this matter be reset to October 18, 2005 at 9:00 a.m. IT IF FURTHER ORDERED that excludable delay under Title 18 U.S.C. §361 (h)(8) ________ will commence on ____________________________, for a total of _________ days.

Case 2:03-cr-00787-MHM

Document 103

Filed 08/16/2005

Page 4 of 5

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

DATED this ______ day of August, 2005.

Honorable Mary H. Murguia U.S. District Court Judge

Case 2:03-cr-00787-MHM

Document 103

Filed 08/16/2005

Page 5 of 5