Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00433-WDM

Document 450

Filed 01/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No.: 04CR433 UNITED STATES OF AMERICA Plaintiff, vs. 1. HUMBERTO MARTINEZ, Defendant.

MOTION TO CONTINUE CHANGE OF PLEA HEARING

Defendant, Humberto Martinez, by and through his attorney, Robert S. McCormick, moves the Court for any Order continuing the Change of Plea Hearing scheduled for Thursday, January 26, 2006 at 9:00 A.M., for one week. AS GROUNDS for this Motion, the Defendant states, as follows: 1. 2. A Change of Plea Hearing is scheduled for Thursday, January 26, 2006 at 11:00 A.M. Although the Defendant has requested several extensions of time to complete review of voluminous discovery, it is necessary for the undersigned counsel to request one more short extension time. The Statement in Advance of Plea and the Plea Agreement have been translated. However, the undersigned counsel has been out of the office, until today, suffering from another bout of flu, this time a respiratory flu. In addition, the federal court interpreter, Betty Ziman is out of town and could not meet with the undersigned counsel and the Defendant until next week. It is in the interest of justice to allow the undersigned counsel to review the discovery record again with the Defendant and to be sure he understands the nature of the charges against him, and to be sure that he understands completely the plea agreement.

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Case 1:04-cr-00433-WDM

Document 450

Filed 01/25/2006

Page 2 of 3

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There will be no prejudice to any party, if the Court grants the relief requested herein. Counsel had attempted to discuss the need for this extension with U.S. Attorney, Greg Holloway, and have left messages with Mr. Holloway and his secretary, but he has not heard back.

WHEREFOR, the Defendant respectfully requests that the Court enter an Order granting a one week continuance of the Change of Plea Hearing scheduled for Thursday, January 26, 2006, and for such other relief as the Court deems appropriate. Dated: January 25, 2006. LAW OFFICE OF ROBERT S. MCCORMICK Respectfully submitted, /s/ Robert S. McCormick Robert S. McCormick 806 N. College Avenue, P.O. Box 2205 Fort Collins, Colorado 80524 (970) 493-3004 Or, 710 - 11th Avenue, Suite L 60 Greeley, Colorado 80631 (970) 378-6641

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Case 1:04-cr-00433-WDM

Document 450

Filed 01/25/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 25th day of January 2006, I served a true and correct copy of the foregoing Motion electronically via Pacer to the Clerk of the Court and all attorneys of record, and via facsimile to the U.S. Attorney, with a Courtesy Copy to the Hon. Walker D. Miller, U.S. District Court Judge, and addressed to: Gregory A. Holloway, Esq. Assistant United States Attorney 1225 - 17th Street, Ste. 700 Denver, Colorado 80202 Mitchell Baker, Esq. 1543 Champa Street, Suite 400 Denver, Colorado 80202 Lance J. Wiessenberger, Esq. 36 Steele Street, #100 Denver, Colorado 80202 David J. Sears, Esq. 1801 Broadway, #100 Denver, Colorado 80202 Facsimile: 303-454-0406

Sally Wheeler, Esq. 30244 Upper Bear Creek Road Evergreen, CO 80437-0309 David Lindsey, Esq. 217 East 7th Avenue Denver, Colorado 80203 Richard Banta, Esq. 1361 Elizabeth Street Denver, Colorado 80206 /s/ Bonnie R. Krannig Bonnie R. Krannig

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