Free Motion to Continue - District Court of Arizona - Arizona

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JON M. SANDS Federal Public Defender DEIRDRE MARIAN MOKOS Assistant Federal Public Defender Arizona State Bar No. 016268 407 West Congress Street, Suite 501 Tucson, Arizona 85701-1355 Telephone: (520) 879-7500 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) Miguel Alessio Serrano-Castro, ) ) Defendant. ) _________________________________) United States of America, Nos. CR-05-1298-TUC-DCB CR03-0441-PHX-DCB MOTION TO CONTINUE DISPOSITION AND SENTENCING (No Oral Argument; No Objection) Defendant's Second Request

It is expected that excludable delay under Title 18, United States Code § 3161(h)(1)(F) will occur as a result of this motion or an order based thereon. Defendant, through counsel, requests a continuance of the sentencing date currently set for December 6, 2005 at 9:00 a.m., to a date on or after January 16, 2006, based upon the following: 1) Additional time is needed for investigation regarding sentencing issues in light of Probation's November 30, 2005 response to Defendant's objections to the Presentence Report, filed on October 14, 2005. 2) Defense counsel has oral argument in San Francisco on January 10, 2006 and Mr. Overall expects to be out of his office through January 10, 2006. 3) Assistant U.S. Attorney Don Overall has been contacted and has indicated that he has no objection to said continuance. RESPECTFULLY SUBMITTED: December 2, 2005. JON M. SANDS Federal Public Defender /s/ DEIRDRE MARIAN MOKOS

28 Case 2:03-cr-00441-DCB-JJM Document 37 DEIRDRE MARIAN MOKOS Assistant Federal Page 1 of 2 Filed 12/02/2005 Public Defender

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Copy provided this date to: THE HONORABLE DAVID C. BURY United States District Court By E-Mail and Hard Copy DON OVERALL, AUSA By Electronic Filing Elizabeth Gonshak-Peters, USPO - Phx By Hard Copy

Case 2:03-cr-00441-DCB-JJM

Document 37

Filed 12/02/2005

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