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 October 18, 2005 at 9:00 a.m. for approximately 60 days. The reasons for the continuance are as follows: 1. The Defendants wife will undergo surgery on October 10, 2005. Thereafter she will be confined to her bed for 2 months and will be dependant on the Defendant to assist her in taking care of their children. Furthermore, the

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Defendant's wife is a witness for the defense and will not be able to testify until she is no longer bed ridden. 2. Undersigned counsel will be out of state from October 14 through the 21. 3. The prosecutor has no objection to this continuance. 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. DATED this 11 th day of October, 2005. DANIEL R. RAYNAK, P.C.

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

ORIGINAL of the foregoing e-filed this 11 th day of October, 2005, with: The Clerk of the Court United Stated District Court Building Phoenix, AZ. 85025

COPY of the foregoing e-mailed

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this 11 th day of October, 2005 to: The Honorable Paul G. Rosenblatt United States District Court Building 401 W. Washington Street Phoenix, Arizona 85003 COPY of the foregoing mailed/delivered this 11 th day of October, 2005 to: Mr. Glenn McComick Assistant United States Attorney 40 North Central - Suite 1200 Phoenix, Az 85004 s/Daniel R. Raynak

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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, Plaintiff, vs. (Assigned to the Honorable Rosenblatt) Jesus Silverio Jaquez-Diaz, Defendant. O R D E R ON MOTION TO CONTINUE TRIAL

COMES NOW the Defendant, Jesus Silverio Jaquez-Diaz, by and through undersigned counsel, and good cause shown, IT IS HEREBY OREDERED continuing the trial in the above-entitled case from the 18 th day of October, 2005, to the ___ day of ____________, 2005, at ____________a.m. For the reasons set forth in the Motion, to wit:. This finding is based upon the Court's conclusion that the failure to grant such an extension would deny the

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Defendant the right to a fair trial as a defense witness is currently physically unable to testify at a trial in this matter. IT IS FURTHER ORDERED extending the time for filing pretrial motions to the ___ day of _____________, 2005. EXCLUDABLE DELAY under 18 U.S.C. §3161(h)(8)(B)(iv) is found to commence on the ___ day of _______________, 2005, for a period of ____________ days. DATED THIS _____ day of __________________________, 2005.

__________________________________ The Honorable U.S. District Judge Rosenblatt

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