Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 732

Filed 12/21/2005

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case Numbers: 04-cr-00187-5-LTB UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITIA, Defendant. ______________________________________________________________________________ GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE TRIAL DATE OF TUESDAY, JANUARY 17, 2006, DUE TO SCHEDULING CONFLICT ______________________________________________________________________________ The United States of America, by and through its undersigned Assistant United States Attorney for the District of Colorado, hereby files its above-captioned motion, showing unto the Court as follows: 1. By minute order of October 25, 2005, this Court set this matter for a two week trial commencing on January 17, 2006, at 8:30 a.m., with a final trial preparation conference set for Friday, January 6, 2006 at 3:00 p.m. 2. Counsel was previously set for trial in the unrelated matter of United States v. Michael Kebles, Case Number: 03-CR-00249-01-WYD, with that trial set to commence on Monday, January 9, 2006, before Judge Daniel. However defense counsel in the Kebles' case moved for relief in light of the fact that he had a Tenth Circuit argument previously set for Wednesday morning, January 11, 2005, before that Court. Recently, Judge Daniel issued a minute order continuing the start of the trial in the Kebles matter to Wednesday, January 11, 2006, at 1:30 p.m. That

Case 1:04-cr-00187-LTB

Document 732

Filed 12/21/2005

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trial is estimated to last 3-4 days and is not anticipated to conclude before Wednesday or Thursday, January 18-19, 2006, due to the 4-day trial week in that Courtroom and the Martin Luther King Day federal holiday on Monday, January 16, 2005. 3. In light of the foregoing, the undersigned consulted with counsel for Javier Avitia, Harvey Steinberg, Esquire, on Tuesday, December 20, 2005, at 5:15 p.m., and Mr. Steinberg has authorized me to state that he has no objection to the relief requested herein. WHEREFORE, the Government would respectfully request that, for continuity of Government counsel purposes and in light of the scheduling conflict set forth above, this Court continue the trial of the above-captioned matter to a date and time at the convenience of the Court. Finally, it is respectfully requested that the final trial preparation conference currently set for Friday, January 6, 2006, at 3:00 p.m. be continued to correspond with any new trial date set by the Court. Respectfully submitted this 21st day of December, 2005, WILLIAM J. LEONE UNITED STATES ATTORNEY

By: s/ AUSA James R. Boma JAMES R. BOMA Assistant U.S. Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0401 E-mail: [email protected] 2

Case 1:04-cr-00187-LTB

Document 732

Filed 12/21/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December, 2005, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE TRIAL DATE OF TUESDAY, JANUARY 17, 2006, DUE TO SCHEDULING CONFLICT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Lisabeth Castle [email protected] Nathan Chambers [email protected] Charles Elliott [email protected] Martha Eskesen [email protected] Matthew Rodney Giacomini [email protected] Michael Paul Litman [email protected] Michael Norton [email protected] Harvey Steinberg [email protected] Joseph Saint-Veltri [email protected] Richard Stuckey [email protected] David C. Japha [email protected] Kevin Michael McGreevy [email protected] Peter D. Menges [email protected] Marc Milavitz [email protected] Lisa Fine Moses KMLawyers@aolcom Thomas Mulvahil [email protected] Scott Poland [email protected] Michael Root [email protected] Martin Stuart [email protected] Scott Varholak [email protected]

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Case 1:04-cr-00187-LTB

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Jessica Lynn West [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non Participant's names: Brandon Marinoff 36 Steele Street, #101 Denver, CO 80206 Steven M. Bernstein 1860 Blake Street, #420 Denver, CO 80202 Lance Jeffrey Wiessenberger 36 Steele Street, #101 Denver, CO 80206

s/Diana L. Brown DIANA L. BROWN United States Attorney's Office Legal Assistant to Mark Barrett U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: 303-454-0358 Fax: 303-454-0401 E-Mail: [email protected]

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