Free Motion to Continue - District Court of Colorado - Colorado

Case 1:02-cr-00515-WDM

Document 48

Filed 05/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

U.S. District Court Case No. 02-CR-515-WM UNITED STATES OF AMERICA Plaintiff, v. MATTHEW ROSEN, Defendant.

MOTION TO RESCHEDULE HEARING DATE

TO ALL PARTIES OF RECORD, please take notice that the Defendant, above-named, by and through his attorney, Ralph B. Rhodes, respectfully moves this Honorable Court to reschedule the July 28, 2006 hearing; and, AS GROUNDS, therefor, would show: 1. Although there have been a number of continuances in this case, Mr. Rosen remains under

the supervision of the Federal Probation Department and most recently has been in compliance with his restrictions as well as electronic monitoring. 2. At the time of setting the within case, counsel was aware that he was to start four-day felony

trial on July 24, 2006. At the time of scheduling People v. Lovato, Case No. 05-CR-4862, counsel had the opportunity to review the discovery and marshal the evidence he sought to introduce in behalf of the Defendant. Unfortunately, there are a number of witnesses to the charges of attempted first degree murder that, based upon the investigator's interviews, may require more witnesses to

Case 1:02-cr-00515-WDM

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proffer the Defendant's affirmative defenses and rebut the testimony of certain prosecution witnesses. Therefore, it looks as thought the case may well run into the 28th of July; and, perhaps, even longer. As a consequence, the Defendant would seek to reschedule the July 28th date. As stated, the Defendant is still on probation and subject to drug testing and electronic monitoring. 3. Counsel has consulted with A.U.S.A. Peter Walsh, who was unprepared to state whether he

would oppose this request for continuance. 4. If the Court grants said continuance, it is respectfully requested that counsel be permitted to

reset this matter in conjunction with the schedule of the respective expert witnesses herein. Respectfully submitted this 26th day of May 2006

s/ Ralph B. Rhodes Original signature on file Attorney for Defendant 1748 High Street Denver, Colorado 80218 (303) 388-5966

Case 1:02-cr-00515-WDM

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Filed 05/26/2006

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Certificate of Mailing

I hereby certify that on this 26th day of May 2006, I caused to be delivered a true and correct copy of the foregoing MOTION TO RESCHEDULE HEARING DATE via the US District Court Electronic Filing System to: Peter Walsh, Esq. Assistant U.S. Attorney United States Attorney's Office for the District of Colorado
1225 17th Street, Suite 700 Denver, CO 80202

United States Probation Office 1961 Stout Street, Suite 525 Denver, CO 80294-0101 Attention: Thomas Meyers U.S. Probation Officer and by US Mail to: Matthew Rosen 601 W. 11th Avenue Denver, CO 80204

s/ Merrie Pfeifer original signature on file