Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2755 5 DOUGLAS A. PASSON, # 017423 [email protected] 6 Asst. Federal Public Defender Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 16 17 18 19 20 vs. Harry Duke Nelson, Defendant. Defendant Harry Duke Nelson, through undersigned counsel, hereby moves this Court to continue the evidentiary hearing, currently scheduled for April 1, 2008, to May 6, 2008. Mr. Nelson's companion case, CR-07-1349-PHX-SRB, is scheduled for United States of America, Plaintiff, DISTRICT OF ARIZONA CR-04-758-PHX-SRB MOTION TO CONTINUE EVIDENTIARY HEARING (First request)

21 trial in this court on May 6, 2008. In the interests of judicial economy and 22 convenience to the defendant, Mr. Nelson requests that both matters be set on the 23 calender for the same date and time. In addition, Mr. Nelson requires additional time 24 to investigate and prepare for matters related to the alleged violation in this matter. 25 26 27 28 Undersigned counsel has contacted the Assistant U.S. Attorney assigned to this case, Fred Battista, who indicates that the government makes no objection to the requested continuance.

Case 2:04-cr-00758-SRB

Document 90

Filed 03/04/2008

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It is expected that excludable delay under Title 18 U.S.C. §

2 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. 3 Respectfully submitted this 4th day of February 2008. 4 5 6 7 8 JON M. SANDS Federal Public Defender s/ Douglas A. Passon DOUGLAS A. PASSON Asst. Federal Public Defender

9 Copy of the foregoing transmitted by CM/ECF for filing this 4th day 10 of February 2008 to: 11 Clerk's Office United States District Court 12 Sandra Day O'Connor Courthouse 13 401 W. Washington Phoenix, AZ 85003 14 Fred Battista 15 Assistant U.S. Attorney United States Attorney's Office 16 Two Renaissance Square 40 N. Central Avenue, Suite 1200 17 Phoenix, Arizona 85004-4408 18 Copy delivered to: 19 Adelina Bustamante 20 United States Probation Sandra Day O'Connor Courthouse 21 401 West Washington, Suite 160 Phoenix, AZ 85003 22 23 Harry Duke Nelson Defendant 24 25 26 27 28 s/ Douglas A. Passon Douglas A. Passon

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