Free Motion to Continue - District Court of Arizona - Arizona

Daniel R. Raynak
State Bar No. 10098 45 West Jefferson, Suite 225 Phoenix, Arizona 85003 telephone (602) 992-7776 facsimile (602) 992-7646 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No.:CR04-0021 PHX PGR United States of America, MOTION TO CONTINUE Plaintiff, vs. JESUS SILVERIO JAQUEZ-DIAZ (Assigned to the Honorable Paul Rosenblatt)

Defendant.

COMES NOW the Defendant, Jesus Silverio Jaquez-Diaz, by and through undersigned counsel, and respectfully moves to continue the currently scheduled trial set for February 07, 2006 at 9:00 a.m. for approximately 30 days. The reasons for the continuance are as follows: 1. Undersigned counsel Is scheduled to start a trial U.S. v. Mr. Bradley Williams CR 05-0272 PHX JAT on February 7, 2006 at 9:00 a.m. Bradley is in custody and his trial was set prior to U.S. v Jesus Silverio Jaquez-Diaz.

Case 2:04-cr-00021-PGR

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Filed 01/27/2006

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2. At the conclusion of U.S. v Bradley Williams undersigned counsel will be starting a 1 st degree murder trial wherein the Defendant is also in custody, State v. Shawn Karr CR2003-012534-002DT. 3. Defense counsel needs to know when the Jaquez-Diaz trial is definitely going, with no conflicts, as a witness needs to be transported from the State Prison System. 4. Either of the other cases referenced above may be moved, but to date, no motion to continue has been filed in the Williams matter and the Court has not ruled on the Motion to Continue in the Karr matter. 5. Undersigned counsel has conferred with the assigned prosecutor who has no objection to the continuance. 6. Both counsel are available to try this case starting March 7, 2006 Failure to grant the requested continuance would deny counsel for the Defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (18 U.S.C. §3161(h)(8)(B)(iv)). and the fact he will not be available for trial on the date currently scheduled. In light of the above, Defendant also requests a comparable extension of time in which to file pretrial motions. Excludable delay under 18 U.S.C. §3161(h)(8)(B)(iv) will occur as a result of this Motion or from an order based thereon.

Case 2:04-cr-00021-PGR

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DATED this 27 th day of January, 2006. DANIEL R. RAYNAK, P.C.

By: /Daniel R. Raynak Daniel R. Raynak, Esq. 45 Jefferson Street, Suite 225 Phoenix, Arizona 85003 Attorney for Defendant

ORIGINAL AND TWO COPIES of the foregoing pleading was filed this 27 th day of January, 2006, with: Clerk of the Court United States District Court Sandra Day O'Connor U.S. Courthouse 401 W. Washington Street Phoenix, Arizona 85003 Mr. Glenn McComick Assistant United States Attorney 40 North Central - Suite 1200 Phoenix, Az 85004 /Daniel R. Raynak

Case 2:04-cr-00021-PGR

Document 58

Filed 01/27/2006

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Case 2:04-cr-00021-PGR

Document 58

Filed 01/27/2006

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