Free Motion to Continue - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Robert Mitchell, ) ) Defendant. ) __________________________ ) Case No. CR 03-430-PHX-DGC MOTION TO CONTINUE DISPOSITION HEARING (First Request)

8 United States of America, 9 10 11 12 13 14

COMES NOW the Defendant, Robert Mitchell, by and through

15 undersigned counsel, and respectfully moves to continue the 16 disposition hearing presently set for the 9th day of January, 2006, 17 for one week.

Undersigned counsel is scheduled for oral argument

18 in the 9th Circuit Court of Appeals in San Francisco, California, 19 at 9:00 a.m. on January 10, 2006.

The only available flight out

20 of Phoenix that arrives at a reasonable hour in San Francisco 21 departs Phoenix at 5:29 p.m., which means that undersigned counsel 22 has to be at the airport by 4:30 at the latest.

Therefore, it is

23 respectfully requested that the Court continue the scheduled 24 disposition hearing for approximately one week. 25

Assistant United States Attorney Paul Rood has no There are no codefendants.

26 objection to this request. 27 / / / 28 / / /

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Excludable delay under 18 U.S.C. § 3161(h)(8) is not

2 expected to occur as a result of this Motion or from an order 3 based thereon. 4 5 6 7 8 9 10 11

RESPECTFULLY SUBMITTED this 3rd day of January, 2006. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

CERTIFICATE OF SERVICE

X I hereby certify that on January 3, 2006, I electronically transmitted the attached document to the Clerk's Office using the 12 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 13 Paul Rood, Esq. 14 ASSISTANT U.S. ATTORNEY
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_X I hereby certify that on January 3, 2006, I served the attached 16 document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 17 Susan D. Nork 18 United States Probation Officer Sandra Day O'Connor U.S. Courthouse - SPC 7 19 401 West Washington - Suite 160 Phoenix, AZ 85003 20
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S/ Philip A. Seplow

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Case 2:03-cr-00430-DGC

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Filed 01/03/2006

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