Free Motion to Continue - District Court of Arizona - Arizona

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igzggggig Javier Avila-Eopez L JAN -3 mms-
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Florence, Az. 85232-6300 Lbééji WFDEPUTY
Defendant 0 U l
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_UNITED STATES OF AMERICA, ) Case No. CR04—O1lB8—1—PHX—JAT
Plaintiff, )
) MOTION IN REQUEST FOR
--W Vs. ) CONTINUANCE
Francisco Javier Avila-Lopez, g
Defendant. )
COMES NOW, the Defendant, Francisco Javier Avi1a—Lopez,
"Defendant," pursuant to Rule 47(c) of the Fedral Rules of Criminal
Procedure and in accordance with the, Fifth, Sixth and the Fourteenth,
Amendments of the Constitution of the United States, with Defendant's
"Motion in Request for Continuance."
On Nowmmer 30th, 2005, Defendant attempted to file a "MOTION
TO WITHDRAW GUILTY PLEA." In the process of having copies printed,
the Central Arizona Detention Center, "CCA," staff, temporarily
misplaced the motion. However, the CCA staff later found Defendant‘s
motion and then on December 22nd, 2005, the CCA staff mailed the
Defendant's motion with the coipes for court Clerk records.
Defendant has a ligitimate standing for reversal or remanding
of underlying order of deportation. Since Defendant has not received
any notice of the said motin to withdraw guilty plea, under due
diligence, he now requests a continuance so that this Court may
exercise its authority in determination of MOTION TO WITHDRAW
GUILTY PLEA.
Case 2:04-cr—O1188-JAT Document 53 Filed O1/O3/2006 Page1 0f2

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This motion is support with the attached memorandum of law
and to its points and authorities cited therein.
Excludable daly under title 18 U.S.C. §3l6l may occur under
this motion or of an order based thereon.
RESPECTFULLY SU TTED, this rd day f January, 2006.
""f]O]yJ'/.A2ri}Jé;,1i§!QCiQ
rancis Jav er Avi a By-
Defendant
Case 2:04-cr—O1188-JAT Document 53 Filed O1/O3/2006 Page20f2

Case 2:04-cr-01188-JAT

Document 53

Filed 01/03/2006

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Case 2:04-cr-01188-JAT

Document 53

Filed 01/03/2006

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