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

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JON M. SANDS Federal Public Defender SAUL M. HUERTA, JR. Assistant Federal Public Defender Arizona State Bar No. 018410 407 West Congress Street, Suite 501 Tucson, Arizona 85701-1310 Telephone: (520) 879-7500 Facsimile: (520) 879-7601 [email protected] Attorney for Defendant SMH/asp 05/20/2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, v. Marcial Avila-Anguiano, Defendant. ) ) ) ) ) ) ) ) ) ) NO: CR-04-0594-3-PHX-ROS MOTION TO EXTEND DEADLINES AND CONTINUE SENTENCE OF JUNE 16, 2008 (First Request)

Defendant, MARCIAL AVILA-ANGUIANO, through counsel, respectfully requests an 16 extension of any deadlines and a 60-day continuance of the Sentencing set for June 16, 2008. 17 This request for continuance is made for the following reasons: 18 1. 19 20 21 22 23 24 3. 25 26 27 28 s/ SAUL M. HUERTA, JR. ____________________________ SAUL M. HUERTA, JR. Assistant Federal Public Defender Document 190 Filed 05/21/2008 Page 1 of 2 Beth Stewart, United States Probation Office, has no objection to this request. 2. Defense counsel is in the process of obtaining and preparing documentation that may be beneficial to defendant at sentencing. As defense counsel was not trial counsel, further investigation is required for defense counsel to properly represent Mr. AvilaAnguiano. Thus, the ends of justice will be served by a continuance and it outweighs the best interests of the public or defendant in a speedy trial. Denial of the motion would result in a miscarriage of justice. Assistant United States Attorney, Joe Koehler, has no objection to this request.

DATED this 21st day of May 2008. JON M. SANDS Federal Public Defender

Case 2:04-cr-00594-ROS

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Copy of the foregoing Motion to Continue Sentence of June 16, 2008 provided by ECF or other means this 21st day of May 2008 to: THE HONORABLE ROSYLN O. SILVER United States District Court JOE KOEHLER, Assistant United States Attorney's Office, Phoenix BETH STEWART United States Probation Office, Phoenix MARCIAL AVILA-ANGUIANO Reg. No. 82187-008 CCA - Florence P. O. Box 6300 Florence, Arizona 85232

Case 2:04-cr-00594-ROS

Document 190 2 Filed 05/21/2008

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