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, (Seventh Request) Defendant. Defendant Juan Cruz-Figueroa, through undersigned counsel, respectfully requests that the Court continue his Admit/Deny Hearing from April 1, 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 defendant further requests that the hearing be re-set to coincide with the new trial setting in CR07-974-PHX-SRB. This motion is made in the interest of judicial economy.

Case 2:02-cr-00162-SRB

Document 39

Filed 03/05/2008

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Defendant further requests that the status conference set for Monday,

2 March 17, 2008 at 4:00 p.m. be vacated. 3 The Assistant U.S. Attorney assigned to this case, Raymond Woo, has 4 been contacted with regard to this motion and he has no objection to the requested 5 continuance. 6 It is expected that excludable delay under Title 18 U.S.C. Section 7 8 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. 9 10 11 12 13 14 Respectfully submitted: March 5, 2008. JON M. SANDS Federal Public Defender s/ Kurt J. Mayer KURT J. MAYER Asst. Federal Public Defender

that on March 5, 2008, I electronically transmitted the attached 15 I hereby certify Clerk's Office using the ECF System for filing and transmittal of a document to the 16 Notice of Electronic Filing to the following ECF registrants: 17 RAYMOND WOO Assistant U.S. Attorney 18 Two Renaissance Square 19 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 20 21 Copy mailed to:

MELISSA SULLIVAN 22 U.S. Probation Office 230 N. First Avenue, Suite 406 23 Phoenix, Arizona 85003-1725 24 26 s/ S. Bereolos 27 S. BEREOLOS 28 2 JUAN MARIO CRUZ-FIGUEROA 25 Defendant

Case 2:02-cr-00162-SRB

Document 39

Filed 03/05/2008

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