Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00429-MSK

Document 209

Filed 08/25/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 04-CR-00429-MSK UNITED STATES OF AMERICA, Plaintiff, v. 1. RAMON MARTINEZ, a/k/a Edi Burciago-Orosco, Defendant.

DEFENDANT RAMON MARTINEZ' REQUEST FOR NEW HEARING DATE

COMES NOW the Defendant, RAMON MARTINEZ, by his courtappointed counsel, Patrick D. Butler, and respectfully requests this Honorable Court set a new Evidentiary Hearing date, and states as follows: 1. An Order has been issued setting a two-hour Evidentiary Hearing for

January 28, 2009 at 9:00 a.m. 2. Counsel is scheduled to begin a two week-long trial on January 26,

2009 in another criminal matter in the U.S. District Court for the District of Wyoming, United States v. Jose Suarez, Jr., Case No. 08-CR-105-B.

Case 1:04-cr-00429-MSK

Document 209

Filed 08/25/2008

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3.

Counsel has been hoping that he could amicably resolve the conflicted

date by working out a resolution with the U.S. Attorney on that case but due to recent events in the case it does not appear as though the case will be resolved without a trial. 4. Counsel is available any day the week of January 12, 2009, and the

whole month of February and March, 2009 except February 19, 2009, to appear at the Evidentiary Hearing. WHEREFORE, Defendant respectfully prays that this Honorable Court grant Defendant's Request for a New Hearing Date and schedule it for a date when counsel is available. Respectfully submitted, LAMM & BUTLER, L.L.C.

Date: 8/25/08

By:

___s/Patrick D. Butler____ Patrick D. Butler, #17413 Attorneys for Defendant 287 Century Circle, Suite 103 Louisville, CO 80027 (303) 664-9106

A duly signed original is on file in the offices of Lamm & Butler, LLC

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Case 1:04-cr-00429-MSK

Document 209

Filed 08/25/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served on this 25th day of August, 2008 by placing in the U.S. Mail, first class postage prepaid and/or via electronic service addressed to the following: James C. Murphy, Esq. Asst. United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 [email protected] By: s/Rhonda Bender

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