Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2755 5 DOUGLAS A. PASSON, # 017423 [email protected] 6 Asst. Federal Public Defender Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 16 17 18 Defendant Juan Garcia-Aguilar, through undersigned counsel, hereby 19 moves this Court to continue the Admit/Deny and Disposition Hearing, currently 20 scheduled for Monday, October 30, 2006, for a period of thirty (30) days, and to 21 extend the deadline for filing objections to the presentence report, from the current 22 date of October 19, 2006, for a period of two (2) weeks. 23 Undersigned counsel received the draft Presentence Report on October 24 25 2, 2006. Undersigned counsel requires additional time to review the report with Mr. 26 Garcia-Aguilar, a Spanish-speaker, to determine what, if any, objections need to be 27 filed, and to prepare for sentencing and disposition in this matter. 28 vs. Juan Garcia-Aguilar, Defendant. United States of America, Plaintiff, DISTRICT OF ARIZONA CR-02-371-PHX-SMM MOTION TO CONTINUE ADMIT/DENY AND DISPOSITION HEARING AND MOTION TO EXTEND TIME TO FILE OBJECTIONS TO PRESENTENCE REPORT (Second request)

Case 2:02-cr-00371-SMM

Document 32

Filed 10/19/2006

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Further, Mr. Garcia-Aguilar requests that this Court extend the deadline

2 for filing objections to the presentence report, from the current date of October 19, 3 2006, for a period of 14 days. Undersigned counsel received the initial presentence 4 5 6 7 report on October 3, 2006. Undersigned counsel is scheduled for a VTC on Monday, October 23, 2006, to review the Presentence Report with Mr. Garcia-Aguilar, with an interpreter. Upon this meeting with his client, undersigned counsel will determine

8 if any objections need to be filed to the report. Mr. Garcia-Aguilar requests that this 9 Court set a new deadline for objections that is two (2) weeks from this date, pursuant 10 to Rule 32(f)(1) of the Federal Rules of Criminal Procedure. 11 Defense counsel has contacted the Assistant U.S. Attorney assigned to 12 this case, Raynette Logan, with regard to this Motion. Ms. Logan indicates that she 13 makes no objections to the requested continuances. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 s/ Douglas A. Passon DOUGLAS A. PASSON Asst. Federal Public Defender 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 thereon. Respectfully submitted this 19th day of October 2006. JON M. SANDS Federal Public Defender

Case 2:02-cr-00371-SMM

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Filed 10/19/2006

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1 Copy of the foregoing transmitted by CM/ECF for filing this 19th day 2 of October 2006 to: 3 Clerk's Office 4 United States District Court Sandra Day O'Connor Courthouse 5 401 W. Washington Phoenix, Arizona 85003 6 Raynette Logan 7 Assistant U.S. Attorney 8 United States Attorney's Office Two Renaissance Square 9 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 10 Copy mailed to: 11 Darrin Harris 12 United States Probation Officer 13 Sandra Day O'Connor Courthouse 401 W. Washington 14 Phoenix, Arizona 85003 15 Juan Garcia-Aguilar Defendant 16 17 19 20 21 22 23 24 25 26 27 28 3 s/ Douglas A. Passon Douglas A. Passon 18

Case 2:02-cr-00371-SMM

Document 32

Filed 10/19/2006

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