Free Motion to Continue - District Court of Arizona - Arizona

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MICHAEL S. REEVES, ESQ. State Bar Number: 010420 1212 East Osborn Phoenix, Arizona 85014 Tel: [602] 604-7577 Fax: [602] 604-7555 Attorney for Defendant AVILA-LOPEZ

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO JAVIER AVILA-LOPEZ, Defendant. ) ) ) ) ) ) ) ) ) ) NO. CR04-01188-1-PHX-JAT MOTION TO CONTINUE SENTENCING OR TO STAY SENTENCING

Michael S. Reeves, counsel for Defendant FRANCISCO JAVIER AVILA-LOPEZ, hereby requests the Court continue the sentencing currently set for January 3, 2006. The Defendant requests that the sentencing be continued for six months or alternatively, that the Court stay the sentencing until such time as the Ninth Circuit has considered and ruled upon Mr. Avila's Petition for Writ of Habeas Corpus This counsel has spoken with the Assistant U. S. Attorney Gary Restaino and he is opposed to this request. This motion is made in good faith and not for purposes of delay. Mr. Avila believes that he has presented sufficient facts and law for the Ninth Circuit to grant his request. However, even if he is wrong, the Government suffers no prejudice in the delay. Mr. Avila is in custody. If Mr. Avila is correct, there would be a significant savings of time and effort by all concerned as Mr. Avila would not have to move to set aside this conviction and undo the sentencing. Mr. Avila is not requesting that he be released pending the decision by the Ninth Circuit.

Case 2:04-cr-01188-JAT

Document 51

Filed 11/30/2005

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WHEREFORE, it is requested that the Court continue or stay the sentencing in the above captioned matter until the Ninth Circuit has ruled on Mr. Avila's pending habeas corpus matter. Dated: November 30, 2005 /s/ MICHAEL S. REEVES, Attorney for Defendant CERTIFICATE OF SERVICE 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: Gary Restaino, Assistant U.S. Attorney I hereby certify that on November 30, 2005, I served the attached document by U.S. mail and/or e-mail on the following, who are not registered participants of the CM/ECF System: U.S. Probation Department, Attn: Patrick J. Cunningham by: /s/ Michael S. Reeves

Case 2:04-cr-01188-JAT

Document 51

Filed 11/30/2005

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