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 (Second 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 Arraignment currently set for Tuesday, October 4, 2004 at 9:00 a.m.
ERARDONI

15 in the above-captioned matter. The continuance is requested because additional time is needed for
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16 ongoing investigation and continuing discovery process. Accordingly, more time is required and a 17 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 20 Filed 10/17/2005 Page 1 of 2 RESPECTFULLY SUBMITTED this 13th day of October, 2005.

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COPIES OF THE FOREGOING delivered/mailed this 13th day of October, 2005,to: 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 Nicholas Penn

9 10 By: s/Todd E. Babel 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case 2:01-cr-00025-NVW Document 20 Filed 10/17/2005 Page 2 of 2