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, NO: CR03-0441-PHX-DCB(JCG) MOTION TO CONTINUE DISPOSITION (No Oral Argument; No Objection) Defendant's First Request

It is expected that excludable delay under Title 18, United States Code § 14 3161(h)(1)(F) will occur as a result of this motion or an order based thereon. 15 Defendant, through counsel, requests a 60-day continuance of the Disposition 16 currently set for October 12, 2005 at 9:30 a.m., based upon the following: 17 18 19 20 21 22 23 24 RESPECTFULLY SUBMITTED: October 6, 2005. 25 26 27 28 Case 2:03-cr-00441-DCB-JJM Document 33 JON M. SANDS Federal Public Defender /s/ DEIRDRE MARIAN MOKOS DEIRDRE MARIAN MOKOS Assistant Federal Public Defender Filed 10/06/2005 Page 1 of 3 1) For further investigation due to the August 26, 2005 decision in U.S. v. Ortuño-Higareda, 421 F.3d 917 (9 th Cir. 2005) regarding notification of supervised release conditions. 2) For reasons of judicial economy. Mr. Serrano-Castro presently has a separate charge of Illegal Re-entry After Deportation, CR05­1298-TUCDCB(JCG). A 60 day continuance is being requested on the re-entry case for further investigation. Ideally, the sentencing and disposition should occur at the same time. 3) Assistant U.S. Attorney, Don B. Overall, has indicated he has no objection to this request.

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

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

Document 33

Filed 10/06/2005

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 United States of America, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:03-cr-00441-DCB-JJM Document 33 Filed 10/06/2005 Page 3 of 3Page 3 of 3 ) ) Plaintiff, ) ) v. ) ) Miguel Alessio Serrano-Castro, ) ) Defendant. ) __________________________________) NO: CR03-0441-PHX-DCB(JCG) ORDER

Re: Continuance of Disposition of October 12, 2005. The defendant, having filed a motion to continue the Disposition and for reasons set forth therein, additional time is required to adequately prepare for said Disposition. The government has no objection to a continuance. There are no co-defendants. IT IS HEREBY ORDERED that the Disposition in this matter is continued and reset for the _____ day of _________________________, 2005 at the hour of ___:____ ___.m. before this Court. DATED this _____ day of October, 2005.