Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 West Adams, Suite 201 Phoenix, Arizona 85007-2730 4 Telephone: (602) 382-2731 Facsimile: (602) 382-2800 5 KURT J. MAYER, TX #24011561 6 Asst. Federal Public Defender 7 Attorney for Defendant [email protected] 8 9 10 11 12 13 14 15 16 17 18 19 20 vs. Juan Mario Cruz-Figueroa, (Eighth Request) Defendant. Defendant Juan Cruz-Figueroa, through undersigned counsel, respectfully requests that the Court continue his Admit/Deny Hearing from May 6, 2008 for thirty (30) days. At the plea hearing Mr. Cruz gave the Court reason to United States of America, Plaintiff, CR-02-162-PHX-SRB MOTION TO CONTINUE ADMIT/DENY HEARING AND VACATE STATUS CONFERENCE IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

21 believe that he may have a mental infirmity effecting his ability to understand the 22 proceedings. In the interim counsel has requested documents from the facilities where 23 Mr. Cruz was previously incarcerated. These documents may provide an 24 understanding as to what may ail Mr. Cruz. As of the date of this motion, counsel has 25 26 27 28 not received those documents. Furthermore, counsel has arranged for Mr. Cruz to be seen by a competent professional to determine the extent of his illness. The doctor indicated that he will be meeting with Mr. Cruz shortly and expects his report to be done by mid-April. The defendant further requests that the hearing be re-set to

Case 2:02-cr-00162-SRB

Document 41

Filed 04/10/2008

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1 coincide with the new trial setting in CR-07-974-PHX-SRB. This motion is made in 2 the interest of judicial economy. 3 Defendant further requests that the status conference set for Monday, 4 April 21, 2008 at 4:00 p.m. be vacated. 5 The Assistant U.S. Attorney assigned to this case, Raymond Woo, has 6 7 been contacted with regard to this motion and he has no objection to the requested 8 continuance. 9 It is expected that excludable delay under Title 18 U.S.C. Section 10 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. 11 Respectfully submitted: April 10, 2008. 12 13 14 15 16 JON M. SANDS Federal Public Defender s/ Kurt J. Mayer KURT J. MAYER Asst. Federal Public Defender

I hereby certify that on April 10, 2008, I electronically transmitted the attached 17 document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: 18 19 Raymond Woo Assistant U.S. Attorney 20 Two Renaissance Square 40 N. Central, Suite 1200 21 Phoenix, Arizona 85004-4408 22 Copy mailed to: 23 Melissa Sullivan 24 U.S. Probation Office 230 N. First Avenue, Suite 406 25 Phoenix, Arizona 85003-1725 26 Juan Mario Cruz-Figueroa Defendant 27 s/ S. Bereolos 28 2

Case 2:02-cr-00162-SRB

Document 41

Filed 04/10/2008

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