Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00444-EWN

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Filed 10/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04-cr-00444-EWN UNITED STATES OF AMERICA, Plaintiff, v. JEREMY JAY BARGER, Defendant.

MOTION TO CONTINUE STATUS HEARING

COMES NOW the defendant, Jeremy Barger, and moves to continue the status hearing recently scheduled for November 16, 2006 at 9:45a.m. In addition, Mr. Barger moves for an Order tolling the time for speedy trial pursuant to 18 U.S.C. § 3161, and in support thereof, states: 1. On Friday, October 27, the Court entered an Order denying Mr. Barger's

Motion to Suppress Evidence and for Return of Property. A status hearing has been set to schedule trial or disposition. 2. Undersigned counsel is currently in trial in United States v. Mattar, Boyd

and Grace, 03-cr-00232-RPM (the BestBank trial), and will remain in trial until it concludes. Counsel expects the trial will continue, uninterrupted, until roughly midDecember. Thereafter (whenever that is), counsel will not be available to confer with the government or Mr. Barger until the first of the year.

Case 1:04-cr-00444-EWN

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3.

The timing of the Court's Order, which triggers the re-commencement of

the speedy trial "clock," combined with the BestBank trial, prevents counsel from being able to provide effective and meaningful advice to Mr. Barger within the time limits set by the Speedy Trial Act. Accordingly, Mr. Barger asks the Court to continue the status hearing until after January 2, 2007, finding that the ends of justice served by granting the motion outweigh any competing interests. Specifically, counsel for Mr. Barger asks the court to find that a continuance is necessary in order to allow counsel for Mr. Barger the reasonable time necessary for effective preparation of Mr. Barger's defense. See 18 U.S.C. § 3161(h)(8)(B)(iv). 4. The government, through Assistant United States Attorney James Hearty

(Mr. Brimmer is out of town), does not object to this request. 5. Mr. Barger remains on bond, is in compliance with the terms and

conditions of his bond, and does not oppose the continuance sought herein. Wherefore, premises considered, Mr. Barger requests that this motion be granted. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1152 E-mail: [email protected] Attorney for Defendant Barger

Case 1:04-cr-00444-EWN

Document 52

Filed 10/31/2006

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CERTIFICATE OF SERVICE I hereby certify that on October 30, 2006, I presented the foregoing MOTION TO CONTINUE STATUS HEARING to the Clerk of the Court for filing and uploading to the CM/ECF system which will send notification of such filing to the following e-mail addresses: Philip Brimmer [email protected]

and, I hereby certify that I have mailed or served the document or paper to the following participants in the manner indicated by the non-participant's name: Jeremy Barger (Via U.S. Mail) 3720 Boulder Street Evans, Colorado 80620

S/Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 Facsimile: (303) 294-1152 E-mail: [email protected] Attorney for Defendant Barger