Free Motion to Continue - District Court of Arizona - Arizona

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 Phoenix, Arizona 85003
State Bar No. 004723 Attorney at Law

4 (602) 799-6336 5 6 7 8 United States of America, 9 Plaintiff, 10
v. Attorney for Defendant Marianito UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 04-1018-PCT-JAT MOTION TO CONTINUE TRIAL, FINAL PRETRIAL CONFERENCE, AND EXTEND TIME TO FILE PRETRIAL MOTIONS (Second Request)

11 Frederick Marianito, et al., 12 Defendant. 13 14

The defendant, through undersigned counsel, moves this Court to Continue the

15 Trial as well as the date set for the Final Pretrial Conference in this case and Extend 16 the Time for Pretrial Conference. The trial is set for October 4, 2005. The final pretrial 17 conference is set for September 12, 2005. The defendant is not in custody. 18 The reason for this request is that undersigned counsel is scheduled to be in a 19 drug conspiracy trial in another courtroom of this district in United States v. Norma 20 Sylvia Locklear, CR 04-714-PCT-JAT, at the time set for trial in this case. Both cases 21 are set for trial in Prescott. The Locklear case has a lower docket number and is set to 22 begin September 27 and 28, 2005, and is expected to resume through the week of 23 October 4-6, 2005. 24 The Assistant U.S. Attorney assigned to this case, Daniel Drake, has no 25 objection to this motion. Milagros Cisneros, counsel for defendant Ben-Henry, Joanne 26 Landfair, counsel for defendant Preston, and Brian Russo, counsel for codefendant 27 28 1

Case 2:04-cr-01018-JAT

Document 84

Filed 09/06/2005

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1 Miller, have no objections to a continuance. 2 4 5 6 7
\s Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant It is expected that excludable delay under Title 18 U.S.C. §3161(h)(1)(F) and

3 (8)(A) will occur as a result of this motion or from an order based thereon.
RESPECTFULLY SUBMITTED this 6 th day of September 2005.

8 Copy of the foregoing served electronically by CM/EMF this 6th day of September 2005 to: 9 10 Assistant U.S. Attorney Two Renaissance Square 11 40 N. Central Avenue, Suite 1200 12
Phoenix, Arizona 85004-4408 Milagros Cisneros Daniel Drake

13 Federal Public Defender's Office 850 W. Adams St., Ste. 201 14 Phoenix, Arizona 85007 15 Brian Russo 111 W. Monroe St., Ste. 1212 16 Phoenix, Arizona 85003-0001 17 Joanne F. Landfair 331 N. 1st Ave., Ste. 106 18 Phoenix, Arizona 85003-4528 19 and mailed to: 20 Frederick Marianito 21 22 23 24 25 26 27 28 2
Defendant

Case 2:04-cr-01018-JAT

Document 84

Filed 09/06/2005

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