Free Motion to Extend Time to File Pretrial Motions - District Court of Arizona - Arizona

I LAW OFFICE OF
2 DAVID L. LOCKHART
A PROFESSIONAL CORPORATION
ATTORNEY and COUNSELLOR at LAW
3 1440 E. Washington Street, Suite I0
Phoenix, Arizona 85034
4 [email protected]
5 (602) 254-031 l Fax (602) 254-0043
6 David L. Lockhart
State Bar No. 018475
7 Attorneys for Defendant
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9 IN THE UNITED STATES DISTRICT COURT
10 DISTRICT OF ARIZONA
ll United States of America, No. CR03-804-PHX-DGC
12 Plaintiff, MOTION TO EXTEND TIME FOR
13 FILING OF PRETRIAL MOTIONS AND
vs. TO CONTINUE TRIAL
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4 Frank Pellegrino, et al. (Second Request)
15 Defendant.
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17 DEFENDANT FRANK PELLEGRINO, by and through undersigned counsel, respectfully
18 moves this Honorable Court for an Order extending the deadline for the filing of pretrial motions for a
19 period of sixty (60) days and continuing the trial date presently scheduled for April 8, 2008 at 9:00
20 a.m. for a period of no less than sixty (60) days subject to the Court’s calendar for the fore oin
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reasons.
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This case involves two (2) defendants alleged to have committed Conspiracy to Possess with
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24 the Intent to Distribute Marijuana, Conspiracy to Commit Money Laundering (and F orfeiture
25 Allegation) in violation of federal law.
26 As of the date of this Motion, undersigned has yet to receive discovery or the anticipated plea
27 agreement to be extended in comiection with this matter. However, undersigned has spoken to the
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l assigned Assistant United States Attomey, Michael Lee and been informed that the discovery and
2 plea agreement will be delivered to counsel undersigned within the next few days.
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Once discovery is received, additional time will be needed to properly conduct defense
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investigation into this matter and meet with Defendant Pellegrino, who is being housed in CCA in
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6 Florence, Arizona. Further, once these matters have been completed, defense will be better able to
ascertain what motions, if any, should be tiled and whether this case can be resolved short of trial.
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8 Undersigned avows that he has contacted the assigned Assistant United States Attorney,
9 Michael Lee and avows that Mr. Lee has no objection to the Court granting the relief requested
10 herein.
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5 5 This motion is made in good faith and will serve the public’s interest in that providing
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at
Q 8 13 defendant with effective representation is necessary to insure faimess and to protect the defendants’
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r;. Q
g ,_j 14 constitutional rights. A continuance will insure counsel for both the government and the defendant
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5 ft 15 the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best
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16 interests of the public and the defendants’ speedy trial rights.
17 It is expected that excludable delay under 18 U.S.C. §3 l 6l(h)(8)(A); (B)(iv) and (h)(l)(f) may
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result from this motion or from an order based thereon.
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THEREFORE, based on the foregoing, defendant, by and through undersigned counsel,
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21 respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline
22 for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from April 8,
23 2008 at 9:00 a.m., subject to the Court’s calendar.
24 RESPECTFULLY SUBMITTED this 20th day of March, 2008.
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Case 2:03-cr—OO804-DGC Document 199 Filed O3/20/2008 Page 2 of 3

1 LAW OFFICE OF DAVID L. LOCKHART, P.C.
2 By s/ David L. Lockhart
David L. Lockhart, Esq.
3 1440 E. Washington Street
Suite 10
4 Phoenix, Arizona 85034
5 Attomey for Defendant
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8 CERTIFICATE OF SERVICE
I certify that on March E, 2008, I electronically transmitted this document to the C1erk’s Office
9 using the CM/ECP system for filing and transmittal of a Notice of Electronic Filing to the following
I O CM/ECF registrants:
[.. Michael Lee, Esq.
pn ll Assistant U.S. Attomey
Q Two Renaissance Square
ra 12 40 North Central Avenue
E 8 suite 1200
E A 13 Phoenix, Arizona 85004-4408
E ·-I 14
< 9
A S 15 By s/Carol Rosales
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