Free Motion to Continue Dispositional Hearing - District Court of Arizona - Arizona

1 2 3 4 5

TYRONE MITCHELL, P.C. Tyrone Mitchell, Esq., No. 016267 2633 East Indian School Road, Suite 320 Phoenix, Arizona 85016 Telephone: (602) 956-8200 Facsimile: (602) 956-8201 IN THE UNITED STATES DISTRICT COURT

6 7 8 9 10 11 12 13 14 15 16 17

DISTRICT OF ARIZONA UNITED STATES OF AMERICA., Plaintiff, vs. JUAN CARLOS CASTANEDA, MALDONADO) ) ) ) ) ) ) ) ) ) No. CR 03-465-PHX-JAT

MOTION TO DISPOSITION (First Request)

CONTINUE

Defendant. _____________________________________

DEFENDANT JUAN CARLOS MALDONADO-CASTANEDA, by and through undersigned counsel, respectfully moves this Honorable Court for an Order continuing the

18 19 20 21 22

DISPOSITION HEARING for JUAN CARLOS MALDONADO-CASTANEDA, scheduled for August 11 2008. Defense counsel needs additional time to research the issue as to whether the defendant should receive a 16- level enhancement due to his previous conviction. Further, the probation officer is out of the District until the end of the week and defense counsel wants to try

23 24 25 26

to meet with her to try to resolve this issue prior to sentencing. Undersigned counsel avows that he has contacted the Assistant United States Attorney assigned to this matter, Joseph Koehler regarding his position to this motion and he does not have Case 2:03-cr-00465-JAT Document 31 Filed 08/08/2008 Page 1 of 3

1 2 3 4 5 6 7

any objection the relief being requested herein. THEREFORE, based on the foregoing, Defendant JUAN CARLOS MALDONADOCASTANEDA, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order continuing the hearing set August 11, 2008, to a date subject to the Court's calendar. RESPECTFULLY SUBMITTED this 8 th day of August 2008.

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

TYRONE MITCHELL, P.C.

By

/s/ Tyrone Mitchell Tyrone Mitchell Attorneys for Defendant

-2Case 2:03-cr-00465-JAT Document 31 Filed 08/08/2008 Page 2 of 3

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

CERTIFICATE OF SERVICE I certify that on the 8 th day of August, 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. Joseph Koehler, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408

-3Case 2:03-cr-00465-JAT Document 31 Filed 08/08/2008 Page 3 of 3