Free Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6

DAVID M. OCHOA Attorney at Law P.O. Box 22126 Phoenix, AZ 85028 Tel: (602) 971-4048 Fax: (602) 956-2007 Bar #: 002163 [email protected] Attorney for Defendant Valencia-Valencia UNITED STATES DISTRICT COURT

7

DISTRICT OF ARIZONA
8 9 10 11 12 13 14

United States of America,

) ) Plaintiff, ) ) vs. ) ) Jose Manuel Valencia-Valencia, ) ) Defendant. ) _________________________________)

NO. CR04-1275-PHX-DGC MOTION TO CONTINUE TRIAL (5th Request)

The defendant by and through his undersigned attorney respectfully moves the court
15

for a continuance of the trial date of December 13, 2005. On June 27, 2005, the court
16

entered an order to have the defendant committed to the custody of the Attorney General
17

hospitalization and treatment to possibly restore the defendant to competency. The
18

defendant is still currently at the Medical Center at Butner, NC. Counsel has spoken with
19

the defendant and counsel has been informed that the defendant should be returning to the
20

district. Counsel still has received no correspondence as to the defendant's condition as to
21

whether he is competent to assist counsel and to understand the proceedings. The Court will
22

eventually have to set a competency hearing. Until the Court makes a finding one way or
23

the other as to defendant's competency, the matter cannot proceed to trial. The defendant
24

would seek a continuance of at least 60 days. Counsel for the government has no objections.
25

It is expected that excludable delay under Title 18, U.S.C. Section 3161(h)(1)(A) may
26

occur as a result of this motion or from an order based thereon.
27 28

Respectfully submitted: November 11, 2005
Case 2:04-cr-01275-DGC Document 34 Filed 11/11/2005 Page 1 of 2

1 2 3 4 5

s/________________________________ DAVID M. OCHOA

CERTIFICATE OF SERVICE
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Filed 11/11/2005

I hereby certify that on this date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the following CM/ECT registrants: AUSA Richard Suzuki

Case 2:04-cr-01275-DGC

Document 34

Page 2 of 2