Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 750

Filed 01/19/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case Number 04-cr-00187-LTB UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER AVITIA, Defendant.

UNOPPOSED MOTION TO CONTINUE JURY TRIAL

The Defendant, Javier Avitia, by and through his attorney, Harvey A. Steinberg, of the law firm of Springer and Steinberg, P.C., hereby moves this Court for and Order continuing the Jury Trial. AS GROUNDS THEREFORE, the Defendant states as follows: 1. In this matter, Jury Trial Preparation is scheduled to commence on January 26, 2006,

at 2:00 p.m., and Jury Trial is scheduled to commence on February 13, 2006, at 8:30 a.m. 2. This matter was previously scheduled for trial and had to be continued as a result of

the government having a conflict with another matter. At that time, undersigned counsel did not object to the government's continuance. 3. Undersigned counsel has a conflict with another trial that was scheduled prior to this

trial being set involving charges of Attempted First Degree Murder on two separate law enforcement officers. The Defendant is Joseph Morrison, Park County District Court, Case Number: 01CR115, Division B.

Case 1:04-cr-00187-LTB

Document 750

Filed 01/19/2006

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4.

Undersigned counsel has discussed this matter with James Boma, the Assistant

United States Attorney, who has no objection to this motion being granted. 5. Undersigned counsel is requesting that the Court grant this motion because of the

scheduling conflict that exists with the state case. 6. Further, undersigned counsel is requesting that this matter be continued because this

Court has previously granted the government's motion to continue the jury trial on similar grounds. WHEREFORE, the Defendant requests this motion be granted. DATED THIS 19TH DAY OF JANUARY, 2006. Respectfully submitted, s/Harvey A. Steinberg Attorney for Javier Avitia Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]

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Case 1:04-cr-00187-LTB

Document 750

Filed 01/19/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 19, 2006, I electronically filed the foregoing UNOPPOSED MOTION TO CONTINUE JURY TRIAL with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

James Boma Email: [email protected]

s/Jan Cooley For Harvey A. Steinberg Attorney for Javier Avitia Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, CO 80202 (303)861-2800 Telephone (303)832-7116 Telecopier [email protected]

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