Free Motion to Continue - District Court of Arizona - Arizona

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Brian F. Russo (018594) 111 W. Monroe St., Ste.1212 Phoenix, Arizona 85003 (602) 340-1133 Telephone (602) 258-9179 Facsimile Attorney for Defendant Lopez-Felix IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. RUBEN LOPEZ-FELIX, Defendant.

) Case No. CR04-749-1-PHX-DGC ) ) MOTION TO CONTINUE ) SENTENCING ) ) ) ) ) )

COMES NOW the defendant, Ruben Lopez-Felix, by and through undersigned counsel, and respectfully moves this Court for an Order continuing the

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date set for sentencing for a period of sixty (60) days for the reason that defendant has not participated in a presentence interview. The defendant has had difficulty in making arrangements scheduling a presentence interview, but will make it a priority. Counsel for the defendant has spoken with AUSA John Boyle who does

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not oppose this Motion to Continue. Counsel has also spoken with Probation Officer John Evanko who does not oppose and is willing to work with the defendant to schedule a date and time for a presentence interview.

Case 2:04-cr-00749-DGC

Document 5

Filed 11/15/2005

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In order to effectively represent Mr. Lopez-Felix, Defense Counsel requests additional time fro defendant to participate in a presentence interview. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A), (B)(i) and (h)(1)(f) may result from this motion or from an order based thereon. THEREFORE, based on the foregoing, defendant Ruben Lopez-Felix, respectfully requests that the Court enter an Order extending the sentencing date for a period of sixty (60) days from October 31, 2005 subject to the Court's calendar. RESPECTFULLY SUBMITTED this 14th day of November, 2005. /s/Brian F. Russo

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Brian F. Russo Attorney for Defendant Lopez-Felix

Copy of the foregoing
electronically mailed this 14th day of November, 2005, to: The Honorable David G. Campbell Judge of the United States District Court John Boyle Asst. United States Attorney 40 N. Central Ave., Ste. 1200 Phoenix, AZ 85003

Case 2:04-cr-00749-DGC

Document 5

Filed 11/15/2005

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