Free Motion to Continue - District Court of Arizona - Arizona

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FEOLA & TRAICA
A PROFESSIONAL CORPORATION ATTORNEYS and COUNSELLORS at LAW

2800 N. Central Avenue, Suite 1400 Phoenix, Arizona 85004-1045 [email protected] _____________

(602) 277-7473 Fax (602) 274-2129

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. (First Request) NICK MANGIARACINA, Defendant. No. CR 04-1178-PHX-RGS MOTION TO CONTINUE SENTENCING

DEFENDANT NICK MANGIARACINA, by and through undersigned counsel, respectfully requests that this Honorable Court grant this Motion and enter an Order continuing Sentencing in this matter presently scheduled for November 29, 2005 at 10:30 a.m. for a period of no less than forty-five (45) days subject to the Court's calendar for the foregoing reasons. Undersigned counsel recently received the initial draft of the Pre-Sentence Report. Defendant is presently incarcerated at CCA in Florence, Arizona. Undersigned mailed Defendant a copy of the Pre-Sentence report on November 11, 2005. Undersigned is presently scheduled to meet with Defendant at CCA to review the Pre-Sentence Report on November 23, 2005. It is anticipated that undersigned will be filing objections to the Pre-Sentence Report. Thus, undersigned requires additional time to review the report with his client and file the appropriate objections.

Case 2:04-cr-01178-RGS

Document 22

Filed 11/18/2005

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Undersigned counsel has spoken with the Assistant United States Attorney assigned to this matter, Michael Lee and avows that Mr. Lee has no objection to this Court granting the relief requested herein. It is expected that excludable delay under Title 18 U.S.C. §3161(h)(1)(F) and (8)(A) will occur as a result of this motion or from an order based thereon. THEREFORE, based on the foregoing, Defendant, by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order continuing Sentencing in this matter for a period of no less than forty-five (45) days subject to the Court's calendar. RESPECTFULLY SUBMITTED this 18th day of November, 2005. FEOLA & TRAICA, P.C.

FEOLA & TRAICA, P.C.

10
2800 N. Central Ave., Suite 1400 Phoenix, Arizona 85004-1045

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Michael Lee, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 By s/David L. Lockhart David L. Lockhart, Esq. 2800 N. Central Avenue Suite 1400 Phoenix, AZ 85004 Attorneys for Defendant

CERTIFICATE OF SERVICE I certify that on November 18th, 2005, I electronically transmitted this 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:

2 Case 2:04-cr-01178-RGS Document 22 Filed 11/18/2005 Page 2 of 2