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

Stephen G. Ralls, P.C.
273 South Scott Avenue Tucson, Arizona 85701 Telephone: (520) 884-1234 Facsimile: (520) 884-9687 Attorneys for Defendant Angel Montijo By: Stephen G. Ralls, Arizona Bar #007772 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. 3. ANGEL ANTONIO MONTIJO, Defendant. ) ) ) ) ) ) ) ) ) ) CR-04-122-PHX-PGR MOTION TO CONTINUE SENTENCING DATE (First Request)

It is expected that excludable delay under Title 18, United States Code, Section 3161(h)(8)(A) will occur as a result of this motion or an order based thereon. Defendant Angel Antonio Montijo, through counsel undersigned, and respectfully requests that this Court continue the sentencing date for a period of thirty (30) days. The sentencing is currently scheduled for October 31, 2005, at 9:30 a.m. This proposed continuance has been requested for the following reasons: (1) Mr. Montijo's girlfriend is set to give birth to their first child during the last week of October 2005 or the first week of November 2005. Mr. Montijo desperately wants to be present for the birth of his child before he is sentenced to a term of imprisonment. (2) Undersigned counsel has contacted Assistant United States Attorney Glenn B. McCormick and U.S. Probation officer Beth Stewart regarding this proposed continuance. Both Mr. McCormick and Ms. Stewart have indicated they have no objection to the requested continuance.

Case 2:04-cr-00122-PGR

Document 162

Filed 10/24/2005

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

(3)

Undersigned counsel avers that this request for a continuance has not been made for purposes of harassment or delay.

RESPECTFULLY SUBMITTED this 24th day of October, 2005.

s/Stephen G. Ralls Stephen G. Ralls Attorney for Defendant Montijo

Certificate of Service I hereby certify that on October 24 , 2005, I electronically transmitted the attached document to the Clerks' Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: [email protected] Beth Stewart at U.S. Probation Office The Honorable Paul G. Rosenblatt (paper copy) Client By s/Rose Lopez 3850mtc sent

Case 2:04-cr-00122-PGR

Document 162

Filed 10/24/2005

Page 2 of 2