Free Pretrial Conference - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Phoenix Division CRIMINAL MINUTES FINAL PRETRIAL CONFERENCE 2: 04 CR 01018 -02 PHX JAT Yr Case No. Dft # DATE: 11/4/2005 Judge # 7025

HON: JUDGE JAMES A. TEILBORG, United States District Court

USA v. Ben-Henry Bella (02) Last Name First Name Middle Initial DEFENDANT: X Present (telephonically) Not Present X Released Custody Writ Deputy Crt Rptr/ECR: David German Clerk: Teddy Bengtson U.S.Atty: Daniel R. Drake Dft Atty: Milagros A. Cisneros X FPD _ apptd retd Intrprtr: N/A Language: ============================================================================= FINAL PRETRIAL CONFERENCE CONTINUED FROM 10/31/05 (02). as to defendant Ben-Henry

Defendant Bella Ben-Henry appears telephonically for this hearing. The record reflects that defendant Marianito (03) entered a guilty plea today before Magistrate Judge Mathis. Pretrial Conference as to defendant Marianito is vacated. Trial is currently set for November 15, 2005 at 9:00 a.m. as to defendant BenHenry (02). The Court is advised that a plea agreement has been reached and defendant Ben-Henry makes an oral motion that a plea hearing be set after 11/18/05 and trial be continued briefly to allow defense counsel to be present at the plea hearing. Upon defendant's oral motion to continue trial, Government having no objection, IT IS ORDERED continuing trial from November 15, 2005 to Wednesday, November 23, 2005 at 9:00 a.m. No time is excluded. IT IS FURTHER ORDERED setting this matter for change of plea hearing on Tuesday, November 22, 2005 at 9:00 a.m. as to defendant Ben-Henry (02). Defendant is advised that if she does not enter a guilty plea on 11/22/05, trial will commence 11/23/05 at 9:00 a.m. The following motions are still pending before the Court: [79] Defendant BenHenry's Motion for Bifurcation and for Jury Determination of Factors that "Enhance" the Defendant's Sentence and Defendant Ben-Henry's Motion to Strike Surplussage from Indictment [78]. cc: Def cnsl(M. Cisneros), AUSA (D. Drake) (Time in Court: 12 minutes)

Case 2:04-cr-01018-JAT

Document 102

Filed 11/04/2005

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