Free Motion to Continue - District Court of Arizona - Arizona

1 2 3 ! 4 5 6 7
% & % '( " # $

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Felix Benites-Mondragon, ) ) Defendant. ) __________________________ ) Case No. CR 04-769-PHX-JAT

8 United States of America, 9 10 11 12 13 14

MOTION TO CONTINUE SENTENCING

COMES NOW the Defendant, Felix Benites-Mondragon, by and

15 through undersigned counsel, and respectfully moves to continue 16 the sentencing presently set for September 26, 2005, for 17 approximately 30 days.

Undersigned counsel has been unable to

18 schedule a visit with the Defendant due to unavailability of an 19 Spanish interpreter on the days and times that counsel's calender 20 permits.

In addition, counsel needs additional time to do some

21 guideline investigation and research on the sentencing guideline 22 structure. 23

Assistant United States Attorney Glenn McCormick has no

24 objection to this request. 25 / / / 26 / / / 27 / / / 28 / / /

1

Case 2:04-cr-00769-JAT

Document 60

Filed 09/22/2005

Page 1 of 2

1

Excludable delay under 18 U.S.C. § 3161(h) is not

2 expected to occur as a result of this motion or from an order 3 based thereon. 4 5 6 7 8 9 10

RESPECTFULLY SUBMITTED this 22nd day of September, 2005. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant CERTIFICATE OF SERVICE

X I hereby certify that on September 22, 2005, I electronically transmitted the attached document to the Clerk's Office using the 11 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 12 Glenn McCormick, Esq. 13 Assistant United States Attorney
14

X I hereby certify that on September 22, 2005, I served the 15 attached document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 16 Beth Stewart 17 United States Probation Officer Sandra Day O'Connor U.S. Courthouse - SPC 7 18 401 West Washington - Suite 160 Phoenix, AZ 85003 19
20 21 22 23 24 25 26 27 28

S/ Philip A. Seplow

2

Case 2:04-cr-00769-JAT

Document 60

Filed 09/22/2005

Page 2 of 2