Free Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 1761 E. McNair Drive, Ste. 101 Tempe, Arizona 85283-5002 (480) 345-7032 State Bar No.: 009415 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) No. CR-04-487-PHX-ROS ) Plaintiff, ) MOTION TO CONTINUE CHANGE ) OF PLEA PROCEEDING vs. ) ) TEDDY LEE LOWE, ) Defendant. ) ____________________________________) COMES NOW the defendant, Teddy Lee Lowe, by and through the undersigned attorney, and hereby moves to continue for approximately one week the change of plea proceeding currently scheduled for October 18, 2005 at 2:15 P.M. all for the reasons set forth in the accompanying memorandum of points and authorities. The government, through Assistant U.S. Attorney, Bill Solomon, has been contacted regarding this motion, and has no objection to the requested continuance. It is expected that includable delay under Title 18 U.S.C. Section 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. RESPECTFULLY SUBMITTED this 14th day of October, 2005 by MICHAEL J. BRESNEHAN, P.C.

s/ Michael J. Bresnehan Attorney for Defendant

Case 2:04-cr-00487-ROS

Document 130

1

Filed 10/14/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
· ·

MEMORANDUM OF POINTS AND AUTHORITIES The government has orally tendered this date a new plea offer to the defendant through the undersigned attorney. The defendant has accepted that offer in principal, but has not seen the written plea agreement yet. The undersigned attorney will not have time to visit with the defendant at the CCA facility in Florence, Arizona, and thoroughly review the new plea agreement with him prior to the scheduled change of plea proceeding. A one week continuance will provide adequate time to prepare the defendant for his change of plea. RESPECTFULLY SUBMITTED this 14th day of October, 2005 by MICHAEL J. BRESNEHAN, P.C.

s/ Michael J. Bresnehan Attorney for Defendant

CERTIFICATE OF SERVICE I hereby certify that on October 14, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Bill Solomon, Esq. Assistant U.S. Attorney Two Renaissance Square 40 N. Central, Suite 1200 Phoenix, Arizona 85004-4408 I hereby certify that on October 14, 2005, I served the attached document by MAIL on the following, who are not registered participants of the CM/ECF System: Teddy Lee Lowe Defendant By: s/ Michael J. Bresnehan

Case 2:04-cr-00487-ROS

Document 130

2

Filed 10/14/2005

Page 2 of 2