Free Motion to Continue - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona DANIEL R. DRAKE Assistant U.S. Attorney Arizona State Bar No. 3781 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-02-1028-PHX-NVW (MHB) Plaintiff, v. Bryan Leland Deal, Defendant. The United States respectfully requests the Court to enter an order continuing the Motion to Continue Competency Hearing

15 competency hearing in this case from March 20, 2008, at 10:00 am, to a date convenient to the 16 court and the parties approximately two weeks hence. Counsel undersigned miscalendared the 17 date of the hearing. When he contacted opposing counsel Mark Berardoni's office on Monday 18 to discuss the hearing, counsel undersigned was advised the hearing was set for March 20, not 19 March 25, as believed. Mr. Berardoni was out of his office until today, so counsel undersigned 20 could not speak with him regarding the hearing and this motion. Because of counsel's error, 21 counsel did not give potential witnesses sufficient notice of the correct date to permit their 22 participation in the hearing. 23 24 //// 25 //// 26 //// 27 28 Counsel undersigned has been advised that Mark Berardoni, defendant's counsel, has no

Case 2:02-cr-01028-NVW

Document 165

Filed 03/19/2008

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1 objection to the granting of this motion. 2 Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this

3 motion or an order based thereon. 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
2
I hereby certify that on March 19, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mark Berardoni S/Daniel R. Drake Daniel R. Drake

Respectfully submitted this 19th day of March, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona /s/Daniel R. Drake DANIEL R. DRAKE Assistant U.S. Attorney

Case 2:02-cr-01028-NVW

Document 165

Filed 03/19/2008

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