Free Motion to Continue Trial - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona Daniel R. Drake Assistant U.S. Attorney Arizona State Bar No. 003781 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-1018-PHX-JAT Plaintiff, v. Ed Preston, Defendant. The United States moves the Court to enter an order continuing the trial of this case for SECOND MOTION TO CONTINUE TRIAL AS TO ED PRESTON

15 eight months as to Ed Preston. Mr. Preston has submitted an application to participate in a 16 program of Pre-Trial Diversion. Complications over the amount of restitution and defendant's 17 financial condition delayed the execution of a Pre-Trial Diversion Agreement. It is anticipated 18 that Mr. Preston will complete the term of his diversion in approximately six months. The 19 additional two months delay is requested to permit adequate time for completion of the term and 20 the filing of a motion to dismiss, if satisfactorily completed. During his participation in the 21 program, the government would defer prosecution for the purpose of allowing Mr. Preston to 22 demonstrate his good conduct. If he successfully completes the program, the government will 23 move to dismiss the indictment as to Mr. Preston. 24 Counsel undersigned has been spoken with Joanne Landfair, Mr. Preston's lawyer, and 25 she does not oppose the granting of the relief requested herein. 26 //// 27 //// 28

Case 2:04-cr-01018-JAT

Document 164

Filed 05/08/2007

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1 //// 2 3 Excludable delay under 18 U.S.C. § 3161(h)(2) may occur as a result of this motion or

4 an order based thereon. 5 6 7 8 /S/ Daniel R. Drake 9 10 11
CERTIFICATE OF SERVICE

Respectfully submitted this 8th day of May, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona

DANIEL R. DRAKE Assistant U.S. Attorney

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Joanne Landfair Attorney for Ed Preston /S/ Daniel R. Drake I hereby certify that on May 8, 2007, 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:

Case 2:04-cr-01018-JAT

Document 164

Filed 05/08/2007

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