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, VA #71830 6 Asst. Federal Public Defender 7 Attorney for Defendant [email protected] 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 11 12 13 14 15 16 17 vs. Juan Mario Cruz-Figueroa, Defendant. Defendant Juan Cruz-Figueroa, through undersigned counsel, United States of America, CR-02-162-PHX-SRB Plaintiff, MOTION TO CONTINUE ADMIT/DENY HEARING (Fourth Request)

18 respectfully requests that the Court continue his Admit/Deny Hearing from January 19 2, 2008 for thirty (30) days. The outcome of the investigation and trial in the reentry 20 matter will determine this disposition of the supervised release case. Therefore, Mr. 21 22 23 24 Cruz-Figueroa's constitutional rights and the Court's and the government's resources will be preserved by resolving the underlying offense first. Mr. Cruz has been intimately involved in the investigation and preparation of his case. Mr. Cruz

25 specifically requests that this Court allow him additional time to pursue matters he 26 feels are extremely important to his case. The defendant further requests that the 27 hearing be re-set to coincide with the new trial setting in CR-07-974-PHX-SRB. This 28 motion is made in the interest of judicial economy.

Case 2:02-cr-00162-SRB

Document 33

Filed 12/18/2007

Page 1 of 2

1

The Assistant U.S. Attorney assigned to this case, Raymond Woo, has

2 been contacted with regard to this motion and he has no objection to the requested 3 continuance. 4 It is expected that excludable delay under Title 18 U.S.C. Section 5 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. 6 Respectfully submitted: December 18, 2007. 7 8 9 10 11 12 JON M. SANDS Federal Public Defender s/ Kurt J. Mayer KURT J. MAYER Asst. Federal Public Defender

I hereby certify that on December 18, 2007, I electronically transmitted the attached 13 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: 14 15 RAYMOND WOO Assistant U.S. Attorney 16 Two Renaissance Square 40 N. Central, Suite 1200 17 Phoenix, Arizona 85004-4408 18 Copy mailed to: 19 MELISSA SULLIVAN 20 U.S. Probation Office 230 N. First Avenue, Suite 406 21 Phoenix, Arizona 85003-1725 22 JUAN MARIO CRUZ-FIGUEROA Defendant 23 s/ P.Muñoz 24 P. Muñoz 25 26 27 28 2

Case 2:02-cr-00162-SRB

Document 33

Filed 12/18/2007

Page 2 of 2