Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00404-PSF

Document 173

Filed 04/12/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case Number 04-cr-00404-PSF

UNITED STATES OF AMERICA, Plaintiff, v. 1. JESUS BORJAS-ALVAREZ Defendant

AMENDED MOTION TO CONTINUE CHANGE OF PLEA HEARING AS TO JESUS BORJAS-ALVAREZ

The Defendant, Jesus Borjas-Alvarez, by and through his attorney Stanley Marks hereby moves this Court for an Order continuing Defendant's Change of Plea hearing date, and as grounds states the following: (1) The Defendant has previously entered into a Plea Agreement with the Government. (2) The Government has previously provided Counsel with a DRAFT of the proposed original Plea Agreement, however since that time, Counsel and the the Government have reached an accord that significantly modifies the the original Agreement, and the parties have not had sufficient time prior to the currently scheduled Change of Plea date to properly modify the Agreement to adequately reflect the current understanding of the parties. The Defendant's Change of Plea is currently scheduled for April 13, 2006 at the hour of 9:00

Case 1:04-cr-00404-PSF

Document 173

Filed 04/12/2006

Page 2 of 2

am. (3) Assistant United States Attorney Mark Barrett has advised Counsel that he has no objection to continuing Defendant's Change of Plea date. It is Counsel's intention to contact the Court's Clerk for purposes of resetting this matter.

WHEREFORE, the Defendant does hereby request an Order of the Court granting Defendant's request to continue Defendant's Change of Plea Hearing

DATED THIS 10th DAY OF APRIL 2006. Respectfully submitted,

S/ Stanley Marks_____________ Stanley Marks 50 S Steele St. Suite 330 Denver, CO 80209 (720) 946-2766

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing Motion To Continue Change Of Plea Hearing upon the other parties herein by emailing a true copy thereof in the United States mail, postage prepaid, addressed to the following counsel this 10th day of April, 2006. Mark Barrett Assistant United States Attorney Office of the United States Attorney 1225 Seventeenth Street, #700 Denver, CO 80202 S/ Stanley Marks_____________