Free Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cr-00433-WYD

Document 33

Filed 03/01/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Criminal Action Nos. 01-cr-00159-WYD 01-cr-00433-WYD 06-cr-00462-WYD-1 UNITED STATES OF AMERICA, Plaintiff, vs. 1. CRUZ ARTURO AGUIRRE-CORDERO, a/k/a Jose Morales-Mosqueda,

Defendant. ______________________________________________________________________________ MOTION TO CONTINUE CHANGE OF PLEA AND SUPERVISED RELEASE VIOLATION HEARING ______________________________________________________________________________ Defendant, Cruz Arturo Aguirre-Cordero, by his court-appointed counsel, Martha H. Eskesen of MARTHA H. ESKESEN, P.C., moves the Court to continue the change of plea and supervised release violation hearing set for Friday, March 2, 2007, at 4:00 p.m. to a later date on the following grounds: 1. follows: Case No. 06-cr-00462 - Change of Plea Case No. 01-cr-00159 ­ Supervised Release Violation Hearing Case No. 01-cr-00433 ­ Supervised Release Violation Hearing 2. The proposed disposition in this case involves all three of these cases. These matters are set for a joint hearing on March 2, 2007, at 4:00 p.m. as

Modifications to the proposed plea agreement are necessary to correct errors in the document.

Case 1:01-cr-00433-WYD

Document 33

Filed 03/01/2007

Page 2 of 3

The government has not yet approved those modifications and therefore the document is not finalized for translation into Spanish and filing with the Court in advance of the hearing. 3. Mr. Aguirre-Cordero is a pretrial detainee at the Federal Detention Center ­

Englewood. He requires the services of a Spanish interpreter to confer with counsel about his case. 4. While it is possible that the plea agreement can be finalized on this date, there is

insufficient time for translation of the necessary plea documents and for counsel to schedule an interpreter to meet with Mr. Aguirre-Cordero and herself at the FDC in advance of the currently scheduled hearing. WHEREFORE, defendant Cruz Arturo Aguirre-Cordero respectfully requests the Court continue the change of plea and supervised release violation hearing set for Friday, March 2, 2007, at 4:00 p.m. to a later date to afford the defense adequate time to obtain the government's approval of the necessary modifications to the document and for translation. Dated: March 1, 2007 MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected] Attorney for Cruz Arturo Aguirre-Cordero

2

Case 1:01-cr-00433-WYD

Document 33

Filed 03/01/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 1, 2007, I electronically filed the foregoing MOTION TO CONTINUE CHANGE OF PLEA AND SUPERVISED RELEASE VIOLATION HEARING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Joseph Mackey, AUSA Email: [email protected] [email protected]

And I hereby certify that I have mailed or served the foregoing document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc) indicated by the non-participant's name: Gary Burney U.S. Probation Officer E-mail: [email protected] MARTHA H. ESKESEN, P.C. s/ Martha H. Eskesen Martha H. Eskesen 1720 South Bellaire Street, Suite 804 Denver, Colorado 80222 Telephone: (303) 874-5160 Facsimile: (303) 573-4921 Email: [email protected]

3