Free Motion to Continue - District Court of Arizona - Arizona

JERRY HERNANDEZ ATTORNEY AT LAW BAR #13021 115 W. HU-ESTA DR. TEMPE, AZ 85282 (480) 231-3053 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATE OF AMERICA, Plaintiff, vs. MARIO AGUILAR Defendant.

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No. CR-02-00147-002-PHX-ROS (Assigned to the Honorable Roslyn Silver) MOTION TO CONTINUE TRIAL AND PRETRIAL MOTIONS (Fourth Request)

Comes now the Defendant, Mario Aguilar, and respectfully petitions this court for a continuance. This motion is supported by the following memorandum of points and authorities.

MEMORANDUM OF POINTS AND AUTHORITIES

Trial is currently set for December 6, 2005. The parties had originally contemplated a change of plea to be entered on December 1, 2005.

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The contemplated change of plea fell through due to factual basis problems and a technical problem in the language of the plea.

Counsel for defendant requests a continuance of the current trial setting of December 6, 2005. On December 13, 2005, counsel starts a trail in CR05-9505. That trial is in front of the Honorable Earl H. Carroll.

Counsel for Mr. Aguilar will be in Buenos Aires, Argentina from approximately December 27, 2005 to January 10, 2006.

Defense counsel asks for a trail date to be set in early February, 2006. Assistant United States Attorney Andrew Pacheco has no objection to this continuance.

Respectfully submitted: December 2, 2005

s/

Jerry Hernandez JERRY HERNANDEZ 115 W. Hu-Esta Dr. Tempe, Arizona 85282 BAR #13021

Copy of the foregoing mailed/ Delivered this 2nd day of December, 2005, to:

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Andrew Pacheco Assistant United States Attorney Copy Mailed to: Mario Aguilar Defendant

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