Free Motion to Continue - District Court of Arizona - Arizona

Mark S. Iacovino, Esq., #010299
IACOVINO AND KAYLER 8180 N. Hayden Road, Suite D-204 Scottsdale, Arizona 85258 480-483-2404 Attorney for: Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) JAMES DAVID SNOW, II., ) ) Defendant. ) ___________________________________________) UNITED STATES OF AMERICA, No. CR04-0489-001-PHX-SBR MOTION TO CONTINUE TRIAL (Trial set 11/01/05; Assigned to the Hon. Susan R. Bolton)

Defendant, JAMES DAVID SNOW, II, by and through his undersigned attorney, hereby moves this court to continue the trial currently set in this matter for Tuesday, November 1, 2005 at 9:00 a.m. on the grounds and for the reasons as follows. (1) Efforts to locate and interview two important defense witnesses, Jeremy Talarico and Brandon Beck, are continuing, however counsel for defendant has not yet been successful in making contact with them. Progress has been made to the extent that the defense now has obtained what are believed to be current local addresses for both of those witnesses. The defense has reason to believe that both of the witnesses will be initially uncooperative. In-person contact with each of them will therefore be necessary in order to gain their cooperation and secure their appearance at trial. (2) Counsel for the parties have agreed that the undersigned will file a Motion for Settlement Conference to be held before a United States Magistrate Judge pursuant to Local Rule 57.6(d)(19) prior to the commencement of trial in this matter. Such Settlement Conference may facilitate resolution of this matter without the necessity of trial. (3) Counsel for Defendant will be out of town on pre-scheduled business on October 17, 2005, the

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date now set for a Status Conference in this matter. The undersigned has discussed this motion with counsel for the Government, Bill Solomon, Esq., and Mr. Solomon has indicated that the Government has no objection to the continuance requested herein. Further, Defendant hereby waives his speedy trial rights for purposes of this motion and counsel avows that this motion is brought in good faith and not for the purpose of delay. Based on the foregoing, it is respectfully urged that the trial in this matter be continued to a new date convenient to the court not less than thirty (30) days from the date currently set. RESPECTFULLY SUBMITTED this 11th day of October, 2005. IACOVINO AND KAYLER /s/ Mark S. Iacovino Attorney for Defendant

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ORIGINAL electronically filed this 11th day of October, 2005 with:

Clerk of the United States District Court 401 W. Washington Street Phoenix, Arizona 85003 @ http://ecf.azd.uscourts.gov

COPY of the foregoing mailed this 11th day of October, 2005, to:

The Hon. Susan R. Bolton United States District Court 401 W. Washington Street Phoenix, Arizona 85003

Bill C. Solomon, Esq. Special Asst. United States Attorney 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004 By: /s/ Mark S. Iacovino

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