Free Motion to Vacate - 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 vs. Harry Duke Nelson, Defendant. Defendant Harry Duke Nelson, through undersigned counsel, hereby moves this Court to vacate the evidentiary hearing, currently scheduled for Monday, January 14, 2008, at 3:30 P.M. Further, counsel hereby requests that this Court United States of America, Plaintiff, DISTRICT OF ARIZONA CR-04-758-PHX-SRB MOTION TO VACATE EVIDENTIARY HEARING AND REQUEST FOR STATUS HEARING

20 schedule this matter for a status hearing regarding the trial date in Mr. Nelson's 21 companion case, CR-07-1349-PHX-SRB, at this Court's earliest convenience. 22 Mr. Nelson's new case, CR-07-1349-PHX-SRB, is scheduled for trial 23 in this court on April 1, 2008. The admit / deny hearing in the above-captioned case 24 is currently scheduled for January 14, 2008. In the interests of judicial economy and 25 26 27 28 convenience to the defendant, Mr. Nelson requests that both matters be set on the calender for resolution at the same date and time. In addition, Mr. Nelson requires additional time to investigate and prepare for matters related to the alleged violation in this matter.

Case 2:04-cr-00758-SRB

Document 84

Filed 01/11/2008

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Undersigned counsel has contacted the Assistant U.S. Attorney assigned

2 to this case, Fred Battista, who indicates that the government makes no objection to 3 the requested continuance. 4 5 6 7 8 9 10 11 It is expected that excludable delay under Title 18 U.S.C. § 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. Respectfully submitted this 11th day of January 2008. JON M. SANDS Federal Public Defender s/ Douglas A. Passon DOUGLAS A. PASSON Asst. Federal Public Defender

12 Copy of the foregoing transmitted th CM/ECF for 13 by January 2008 filing this 11 day of to: 14 Clerk's Office 15 United States District Court Sandra Day O'Connor Courthouse 16 401 W. Washington Phoenix, AZ 85003 17 18 Fred Battista Attorney Assistant U.S. 19 United States Attorney's Office Two Renaissance Square 20 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 21 Copy delivered to: 22 Bustamante 23 AdelinaStates Probation United 24 Sandra Day O'Connor Courthouse 401 West Washington, Suite 160 25 Phoenix, AZ 85003 26 Harry Duke Nelson Defendant 27 28 s/ Douglas A. Passon Douglas A. Passon 2
Case 2:04-cr-00758-SRB Document 84 Filed 01/11/2008 Page 2 of 2