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

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Darius M. Nickerson BURNS, NICKERSON & TAYLOR, PLC 3003 North Central Avenue, Suite 310 Phoenix, AZ 85012 (602) 254-0004 Bar #010078 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs. John D. Johnson White, Defendant ) CR-03-00550-001-PHX-FJM ) ) ) MOTION TO CONTINUE ) VIOLATION HEARING ) ) (Third Request) ) ) )

Defendant, John D. Johnson White, by and through undersigned counsel, hereby
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moves this Court to enter an order continuing the currently set violation hearing date of
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June 5, 2007, for 60 days. A Motion has also been filed to continue the trial date in CR06-1073-PHX-FJM. The reason for this requested continuance is that although the fingerprint expert authorized by this court has completed his initial evaluation, he now must compare his results with known prints. Consequently, the fingerprint analysis has not been

completed. Therefore, Defendant moves this court to continue the currently set trial date of June 5, 2007 for sixty days.

Case 2:03-cr-00550-FJM

Document 140

Filed 05/25/2007

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The Assistant United States Attorney, Michael Lee, has been contacted regarding this motion and has no objection to this requested continuance. In addition he has also expressed an attitude of cooperation regarding discovery issues. Excludable delay under 18 U.S.C. §3161(h)(8)(A) will occur as a result of this motion or of an order based thereon. RESPECTFULLY SUBMITTED this day of May, 2007

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s/ Darius M. Nickerson Darius M. Nickerson BURNS, NICKERSON & TAYLOR, PLC

Copies of the foregoing filed Via ECM/EF this _____ day of May 2007, to: Sandra Day O'Connor U.S. Courthouse United States District Court Honorable Frederick J. Martone 401 West Washington Phoenix, AZ 85003 Michael Lee Assistant U.S. Attorney 40 North Central Ave., Ste. 1200 Phoenix, AZ. 85004

Case 2:03-cr-00550-FJM

Document 140

Filed 05/25/2007

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