Free Order on Motion to Continue - District Court of Arizona - Arizona

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MARK J. BERARDONI ATTORNEY AT LAW

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States of America,

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) ) Plaintiff, ) ) ) v. ) ) ) Nicholas Penn, ) ) Defendant. ) ) ____________________________________)

CR05-0025-PHX-NVW ORDER TO CONTINUE REVOCATION HEARING (Second Request)

Upon motion of the Defendant, for the reasons set forth in the motion and good cause appearing, IT IS HEREBY ORDERED that the Defendant's Motion to Continue Revocation Hearing is granted pursuant to 18 U.S.C.§3161(h)(8)(A). This court specifically finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant. This finding is based upon the court's conclusion that the failure to grant such a continuance would deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C.§3161(h)(8)(B)(iv). IT IS ORDERED that the Revocation Hearing date be continued from Tuesday, November 1, 2005 at 9:00 a.m. to December 6, 2005 at 9:00 a.m.

Case 2:01-cr-00025-NVW

Document 21

Filed 10/19/2005

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IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. §3161(h)(8)(A) is found to commence on , for a period of days.

DATED this 19th day of October, 2005.

-2Case 2:01-cr-00025-NVW Document 21 Filed 10/19/2005 Page 2 of 2