Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00404-PSF

Document 151

Filed 01/20/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00404-PSF UNITED STATES OF AMERICA, Plaintiff, v. 1. JESUS BORJAS-ALVAREZ, 2. ISAUL VILLALOBOS-RUIZ, 3. HEBER RUIZ-CORRAL, Defendants.

GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE CHANGE OF PLEA HEARING

Comes now the United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, and without defense opposition1, moves this Honorable Court to continue the change of plea hearing set in this matter for at least one month, as follows: 1. Currently the change of plea for this defendant is set for Monday, January 23, 2006.

The parties are still committed to a plea disposition of this matter, nevertheless certain matters have arisen recently which require a readjustment of some of the specific terms of the plea

Indeed, counsel for defendant Boras-Alvarez, Stanley Marks, would join in this motion to continue the change of plea but for his unavailability by the time of this filing. 1

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Case 1:04-cr-00404-PSF

Document 151

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agreement. These are not minor matters but will impact the recommendation the parties make to the Court as to what Mr. Boras-Alvarez's sentence ultimately ought to be. 2. The United States apologizes for the late request to change the plea agreement date.

Nevertheless, a finalized plea agreement could not be presented to the Court 48 hours in advance of the scheduled plea proceeding as is required by Local Rule. 3. Wherefore, premises considered, the United States respectfully requests that a change of

plea hearing be continued for at least one month from the scheduled hearing date. Respectfully submitted, WILLIAM J. LEONE United States Attorney

By:

s/Mark J. Barrett MARK J. BARRETT Assistant United States Attorney United States Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0401 [email protected] Attorney for Government

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Case 1:04-cr-00404-PSF

Document 151

Filed 01/20/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 20th day of January, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE CHANGE OF PLEA HEARING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Stanley Marks [email protected]

s/Diana L. Brown DIANA L. BROWN United States Attorney's Office Legal Assistant to Mark Barrett U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: 303-454-0358 Fax: 303-454-0401 [email protected]

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