Free Motion to Continue - District Court of Arizona - Arizona

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Gabriel Valdez, Jr.
Attorney At Law 337 N. Fourth Avenue Phoenix, Arizona 85003 (602) 254-2010 State Bar No. 014079

Attorney for Defendant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ Gabriel Valdez Jr, Gabriel Valdez Jr. Counsel for Defendant RESPECTFULLY SUBMITTED this 31st day of August, 2005. v. JOSE CRUZ-HERNANDEZ, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) CASE NO. CR 00-00174-001-PHX-RCB MOTION TO CONTINUE DISPOSITION HEARING (First Request)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Defendant, Jose Cruz-Hernandez, by and through undersigned counsel, respectfully requests that this Court continue the disposition hearing currently set for September 12, 2005 and re-set same to October 17, 2005 the date presently set for Sentencing. The reason for this request is that counsel needs time to complete presentence investigation. Defense counsel spoke with Assistant U.S. Attorney, Joseph E. Koehler he has no objection to the continuance. This is the first extension requested to this court. This motion is made in good faith and not for purpose of delay. Excludable delay under 18 U.S.C. § 3161(h)(1)(F) and (8)(A) may occur as a result of this motion or of an order based thereon.

Case 2:00-cr-00174-RCB

Document 38

Filed 09/01/2005

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I hereby certify that on August 31st 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.

ASSISTANT U.S. ATTORNEY'S OFFICE Attn: Joseph E. Koehler

By:

s/ Carina Delfino Carina Delfino, Legal Secretary to: Gabriel Valdez, Jr.

Case 2:00-cr-00174-RCB

Document 38

Filed 09/01/2005

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