Free Motion to Continue - District Court of Arizona - Arizona

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MICHAEL V. BLACK Attorney at Law 335 East Palm Lane Phoenix, Arizona 85004 [email protected] Phone (602) 265-7200 Fax (602) 265-2431 State Bar Number 007671 Attorney for Gabriel Villareal

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) ) vs. ) ) ) GABRIEL VILLAREAL, ) ) Defendant. ) __________________________________ __ ) CR 03-382-PHX-ROS

MOTION TO CONTINUE TRIAL

(Fourth Request) (No Oral Argument Requested)

Michael V. Black, on behalf of the Defendant, Gabriel Villareal, respectfully requests that this Court enter an Order continuing the trial in the above entitled action for a period of thirty (30) days or to a date convenient with this Court's calendar. This Motion is based on the attached Memorandum and files and records in the case. It is expected that excludable delay under Title 18 U.S.C. Section 3161(h)(1)(f) may occur as a result of this Motion or from an Order based thereto. RESPECTFULLY SUBMITTED this _____ day of August, 2005.

/s/Michael V. Black ____________________________ MICHAEL V. BLACK

Case 2:03-cr-00382-ROS

Document 81

Filed 08/16/2005

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Case 2:03-cr-00382-ROS Document 81 Filed 08/16/2005 Page 2 of 3

MEMORANDUM

Undersigned counsel respectfully requests that this Court continue the trial in the above entitled matter for a period of thirty (30) days or to a date convenient with this Court's calendar for the reason that additional time is needed in which to prepare for trial. Further pursuant to Rule 1.10 (j), Rules of Practice of the U.S. District Court, District of Arizona, undersigned counsel certifies that he has personally contacted the prosecutor in the case, Assistant U.S. Attorney David A. Pimsner, and Mr. Pimsner has no objection to the proposed continuance.

RESPECTFULLY SUBMITTED this 16 day of August, 2005. /s/ Michael V. Black ________________________ MICHAEL V. BLACK I hereby certify that on Aug. 16, 2005, I electronically transmitted the attached document to U.S. District Clerk of Court using the CM/ECF system for Filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: [email protected] /s/ Michael V. Black ---------------------------------MICHAEL V. BLACK

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
) ) ) Plaintiff, ) ) ) vs. ) ) ) ) GABRIEL VILLAREAL, ) ) Defendant. ) ________________________________ _____) UNITED STATES OF AMERICA,

CR03-382-PHX-ROS

ORDER

(Fourth Request)

Upon Motion of the Defendant, and the government not objecting in the above entitled matter, and for good cause appearing; IT IS HEREBY ORDERED that the Motion to Continue Trial Date is granted pursuant to U.S.C. §3161(h)(8)(A). This Court specifically finds that the ends of justice served by granting a continuance outweigh the best interests of the public and of the defendant to a speedy trial. This finding is based upon the Court's conclusion that the failure to grant a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(B)(iv). IT IS FURTHER ORDERED extending the time for the filing of pretrial motions until __________, ______, 2005. Excludable delay is found to have commenced on ____________________ for a total of ________ days. DATED this ___ day of ____________, 2005.

Case 2:03-cr-00382-ROS

Document 81

Filed 08/16/2005

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