Free Pretrial Conference - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA - PHOENIX CRIMINAL MINUTES FINAL PRETRIAL CONFERENCE

04 / 1188 / 1 PHX-JAT Year Case No. Dft # HON: JAMES A. TEILBORG USA v. Avila-Lopez, Last Name X Present Francisco First Name Not Present Released X Judge # 7025

DATE: 9/2/05

Javier Middle Initial Custody Writ

DEFENDANT:

Deputy Clerk: Kristen Bethel U.S.Atty: Gary Restaino

Crt Rptr/ECR: Linda Schroeder-Willis Dft Atty: Michael Reeves FPD X Appointed Language:

Retained

Intrptr:

Final Pretrial Conference held. The Court has received two motions to continue one filed by the Defendant and the other by Mr. Reeves. The Court has also received a copy of the Defendant's motion to stay filed in the Ninth Circuit. On objection of Mr. Restaino, IT IS ORDERED denying both motions to continue [not yet docketed] for the reasons set forth on the record by the Government. The Court questions the defendant with respect to continuing to represent himself. 9:31 a.m. Court stands at recess. 9:38 a.m. Court reconvenes with counsel and defendant present. At the defendant's request, IT IS FURTHER ORDERED appointing Michael Reeves, Esq., as lead counsel pursuant to the Criminal Justice Act. Mr. Reeves renews his motion to continue, which motion is DENIED on objection of Mr. Restaino. Discussion held regarding trial schedule and procedure. Counsel stipulate to one alternate being selected by random lot. Defense counsel orally moves to invoke the rule of exclusion of witnesses, which motion is GRANTED.

Case 2:04-cr-01188-JAT

Document 45

Filed 09/02/2005

Page 1 of 2

PAGE TWO

CR 04-1188-PHX-JAT

September 2, 2005

IT IS FURTHER ORDERED granting the Government's motion in limine [41] with leave to counsel to move for the order to be lifted. IT IS FURTHER ORDERED affirming the Jury Trial set on Tuesday, September 6, 2005 at 9:00 a.m. Time in Court: hr 45 mins.

Case 2:04-cr-01188-JAT

Document 45

Filed 09/02/2005

Page 2 of 2