Free Motion to Continue - District Court of Arizona - Arizona

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Mark J. Berardoni
State Bar No. 012970 Luhrs Tower 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Nicholas Penn IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR01-0025-PHX-NVW MOTION TO CONTINUE REVOCATION HEARING (Third Request)

) ) Plaintiff, ) 8 ) v. ) 9 ) ) 10 Nicholas Penn, ) Defendant. ) 11 ____________________________________) 12 13

Defendant, Nicholas Penn, by and through undersigned counsel, hereby requests this

14 Honorable Court continue the Revocation Hearing currently set for Tuesday, December 6, 2005 at
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15 9:00 a.m. in the above-captioned matter. The continuance is requested because additional time is
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16 needed for ongoing investigation and continuing discovery process. Accordingly, more time is 17 required and a continuance is appropriate. 18 The Government, by Assistant United States Attorney, Sharon Sexton, has been advised of

19 the motion and has no opposition to the continuance. 20 This motion is brought in good faith for the reasons stated and not solely for the purpose of

21 delay. The delay occasioned by the extension, and the reasons therefore, outweigh the interest of the 22 Government, the Defendant, and the Public in a speedy trial. 23 EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) may occur as a result

24 of this motion or from any order based thereon. 25 26 27 28 Case 2:01-cr-00025-NVW s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Nicholas Penn Document 22 Filed 11/14/2005 Page 1 of 2 RESPECTFULLY SUBMITTED this 14th day of November, 2005.

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CERTIFICATE OF SERVICE I hereby certify that on November 14, 2005, 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: Honorable Neil V. Wake United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 524 401 West Washington Street, SPC 52 Phoenix, Arizona 85003 Sharon Sexton, Esq. Assistant United States Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408

10 Nicholas Penn 11 By: s/Todd E. Babel 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case 2:01-cr-00025-NVW Document 22 Filed 11/14/2005 Page 2 of 2