Free Motion to Continue - District Court of Arizona - Arizona

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MARK PAIGE 111West Monroe St. Suite #1212 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 The defendant, Efrain Rivas-Garcia, by and through counsel respectfully moves the Court 15 for a continuance of the presently set Admit/Deny hearing date of July 28, 2008 on the following 16 grounds: 17 1. The defendant is alleged to be in violation of her conditions of supervised release. The 18 violations occurred quite some time ago and arise out of a State offense occurring in May 19 2006. 20 2. 21 essentially, from the same time period and related to the State offense. See, CR-08-79722 PHX-ROS. 23 3. Due to the new policy/process in handling cases for defendants with new charges, as 24 well as supervised release (or probation) violations, it is important to attempt to obtain 25 more information and, if possible, resolve these matters together within one pleading. 26 4. Counsel is requesting that the admit/deny hearing, as well as any other proceedings 27 on the supervised release matter by continued to the time of the trial date in CR-08-79728 The defendant has been indicted separately for a new federal offense arising, DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-02-0921-PHX-ROS ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE ADMIT/DENY ) HEARING Efrain Rivas-Garcia, ) ) Defendant. ) (Second Request) _______________________________________)

Case 2:02-cr-00921-ROS

Document 46

Filed 08/11/2008

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PHX-ROS, and, that any continuances in said trial date automatically continue the admit/deny hearing in this matter without the need for additional filings. 5. This defendant is in custody. Counsel for the Government, Josh Parecki, has no objection to this request. The defendant requests this matter be continued to coincide with the trial date of the new Indictment in CR-08-797-PHX-ROS.

Respectfully submitted this 11th day of August, 2008. S/ Mark A. Paige MARK PAIGE Attorney for Defendant

I hereby certify that on August 11, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Josh Parecki Assistant U.S. Attorney [email protected]

S/ Mark A. Paige Mark A. Paige

Case 2:02-cr-00921-ROS

Document 46

Filed 08/11/2008

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