Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON 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 MOTION TO CONTINUE TRIAL AS TO ED PRESTON

15 18 months as to Ed Preston. Mr. Preston has submitted an application to participate in a program 16 of Pre-Trial Diversion, which may last as long as 18 months. It appears he will be accepted, 17 according to representatives of Pre-Trial Services. During his participation in the program, the 18 government would defer prosecution for the purpose of allowing Mr. Preston to demonstrate his 19 good conduct. If he successfully completes the program, the government will move to dismiss 20 the indictment as to Mr. Preston. 21 Were he forced to trial on the current setting, Mr. Preston would be deprived of the 22 opportunity to participate in the Pre-Trial Diversion program and to have the charges dismissed. 23 Counsel undersigned has been spoken with Joanne Landfair, Mr. Preston's lawyer, and she does 24 not oppose the granting of the relief requested herein. Should Mr. Preston fail to satisfactorily complete the Diversion program, or should he 25 26 not be accepted into that program, the government would give notice of that fact and ask that the 27 matter be set on the calendar for trial. 28

Case 2:04-cr-01018-JAT

Document 112

Filed 12/08/2005

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

2 an order based thereon. 3 4 5 6 /S/ 7 8 9
CERTIFICATE OF SERVICE

Respectfully submitted this 8th day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona

DANIEL R. DRAKE Assistant U.S. Attorney

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Joanne Landfair Attorney for Ed Preston I hereby certify that on December 8, 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:

Case 2:04-cr-01018-JAT

Document 112

Filed 12/08/2005

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