Free Motion to Continue Dispositional Hearing - District Court of Arizona - Arizona

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PAUL K. CHARLTON 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 Plaintiff, v. Bryan Leland Deal, Defendant. The United States respectfully requests the Court to enter an order continuing the disposition hearing in this case from December 4, 2006, at 3:00 pm, to some other date convenient to the court and the parties, because that date conflicts with the date set for a hearing in the Ninth Circuit on a case also handled by counsel undersigned. The Ninth Circuit Court of Appeals has set oral argument in San Francisco, California, for December 4, 2006, in United States v. Leslie Charles Cohen, CA No. 05-10151. That case involves the appeal of a matter tried by government counsel over seven days against a pro se defendant who is now represented on appeal. Many of the issues raised on appeal involve factual circumstances occurring during the trial, rather than technical, legal arguments. Government counsel cannot be present for both hearings. A failure to grant the requested continuance would deny the government continuity of counsel in this case or the matter set for appeal. Counsel undersigned has advised defendant's counsel of the conflict and he has no objection to the granting of this motion. Counsel further understands that Tuesday, December 19, 2006, at 2:00 pm is a date and time Motion to Continue Disposition Hearing

Case 2:02-cr-01028-NVW

Document 137

Filed 11/15/2006

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1 convenient to Court and counsel, and requests the hearing be reset to that date and time. 2 Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this

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I hereby certify that on November 15, 2006, 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 15th day of Novmber 2006. PAUL K. CHARLTON United States Attorney District of Arizona /s/Daniel R. Drake DANIEL R. DRAKE Assistant U.S. Attorney

Case 2:02-cr-01028-NVW

Document 137

Filed 11/15/2006

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