Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams Street, Ste. 201 Phoenix, Arizona 85007 3 Telephone: (602) 382-2727 4 MILAGROS A. CISNEROS State Bar # 020410 5 [email protected] Asst. Federal Public Defender 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 vs. Bella Ben-Henry, et al., Defendant. United States of America, Plaintiff, No. CR 04-1018-PHX-JAT MOTION FOR LEAVE TO FILE FINAL PRETRIAL CONFERENCE MATERIALS (Unopposed) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Defendant, Bella Ben-Henry, by and through undersigned counsel,

16 respectfully requests that this Court grant leave for her to file the Final Pretrial 17 Conference materials on October 31, 2005 instead of October 28, 2005. The reason 18 for this request is that undersigned counsel has filed a motion to continue the trial in 19 the case and that undersigned counsel mistakenly assumed that this would 20 automatically moot the need to file the final pretrial conference materials. On October 28, 2005, at 2:18 p.m., undersigned counsel received an e21 22 mail from the Court's chambers advising that the final pretrial conference materials 23 would need to be filed by 5 p.m. on October 28, 2005, in spite of the motion to 24 continue trial. Unfortunately, undersigned counsel has not had the opportunity to 25 confer with counsel for the government and the materials will not be ready by 5 p.m. 26 on October 28, 2005. However, most of the materials have already been prepared and 27 undersigned counsel will confer with counsel for the government the morning of 28 . . .

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1 October 31, 2005 so that the materials are filed in advance of the final pretrial 2 conference, set for October 31, 2005 at 3:00 p.m. 3 Undersigned counsel apologizes for any inconveniences caused to the 4 Court by this misunderstanding and respectfully requests that the Court grant leave 5 for such filing, for the reasons set forth above. The government does not object to the 6 relief requested herein. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Excludable delay under Title 18 U.S.C. § 3161 may result from this Respectfully submitted: October 28, 2005. JON M. SANDS Federal Public Defender s/Milagros A. Cisneros MILAGROS A. CISNEROS Asst. Federal Public Defender 8 motion or from an order based thereon.

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1 Copy of the foregoing filed via CM/ECF this 28th day 2 of October, 2005, to: 3 DAN DRAKE Assistant United States Attorney 4 Two Renaissance Square 40 North Central Avenue 5 Suite 1200 Phoenix, Arizona 85004-4408 6 BRIAN F. RUSSO 7 111 W. Monroe Street, Ste. 1212 Phoenix, Arizona 85003 8 Attorney for Co-Defendant Pat Chee Miller 9 TIMOTHY C. HOLTZEN 245 W. Roosevelt Street 10 Phoenix, Arizona 85003 Attorney for Co-Defendant Frederick Marianito 11 JOANNE F. LANDFAIR 12 331 N. First Avenue, Ste. 103 Phoenix, Arizona 85003 13 Attorney for Co-Defendant Ed Preston 14 15 17 19 20 21 22 23 24 25 26 27 28 3 Copy mailed to:

BELLA BEN-HENRY 16 Defendant s/Milagros A. Cisneros 18 M. Cisneros

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 v. Bella Ben-Henry, Defendant. Upon motion of defendant Bella Ben-Henry, with no opposition from the Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, No. CR 04-1018-PHX-JAT ORDER

15 government, and good cause appearing, IT IS HEREBY ORDERED granting leave to file the final pretrial 16 17 conference materials on October 31, 2005, prior to the final pretrial conference. IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. 18 19 § 3161(h) 20 21 22 23 24 25 26 27 28 will commence on for a total of days.

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