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 (Third Request)

Comes now the Defendant, Mario Aguilar, and respectfully petitions this court for a continuance. This request is predicated upon the following memorandum of points and authorities.

MEMORANDUM OF POINTS AND AUTHORITIES

Counsel for Mr. Aguilar has been in trial almost continuously since late May of this year. In late May defense counsel had a six-count dangerous crime against children trial in Pinal County Superior Court. Three of those counts mandated consecutive life terms. That trial lasted two full weeks actual trial time.

Case 2:02-cr-00147-ROS

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On July 12th of this year, counsel started a trial in Federal District Court before the Honorable James Teilborg. That was a drug case involving a mandatory minimum of ten years and lasted approximately one week.

On August 24th of this year defense counsel started a first degree murder trial in Maricopa County Superior Court involving a fifteen year old child. That trial lasted one week.

All of the trials alluded to in this motion were extremely complicated and required extensive preparation. The long and short of this motion is that defense counsel, because of his trial schedule, requires more time to adequately prepare this case for trial.

Counsel for the United States, Andrew Pacheco has no objection to this continuance. Ninety days should be sufficient.

Respectfully submitted: September 20, 2005

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

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Copy of the foregoing mailed/ Delivered this 20th day of September, 2005, to:

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

Case 2:02-cr-00147-ROS

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