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

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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United States of America,
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Plaintiff,
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v.
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Marcial Avila-Anguiano,
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Defendant.
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) ) ) ) ) ) ) ) ) )

NO: CR-04-0594-3-PHX-ROS

ORDER

Re: Continuance of Deadlines and Trial of February 5, 2008. The defendant having filed a Motion to Continue and for reasons set forth therein, additional time is required to adequately prepare for trial. The government has no objection to a continuance. The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial because failure to grant the continuance is likely to result in a miscarriage of justice if the defendant is required to go to trial on the present trial date because of the reasons set forth hereinbefore. IT IS ORDERED as follows: 1. The date by which the referred magistrate judge hears the change of plea must be

no later than ___________ ______, 2008 by 3:00 p.m. The only plea that the Court will accept after said date will be a plea to the entire Indictment. Counsel will not be reminded by the Court of this plea deadline and the deadline will be strictly enforced. 2. That this matter is RESET for trial on ____________ _____, 2008, at___:____

____.m. Counsel are to be present at ___:___ ___.m. 3. Excludable delay under 18 U.S.C. § 3161(h)(8) is found to commence on February
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Case 2:04-cr-00594-ROS

5, 2008 and end on _________________, 2008. Such time shall be in addition to other

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excludable time under the Speedy Trial Act and shall commence as of the day following the day that would otherwise be the last day for commencement of trial. 4. That any and all subpoenas previously issued shall remain in full force and effect

through the new trial date. 5. Any motion or stipulation to continue the scheduled trial date and change of plea

hearing deadline shall be submitted in writing and filed with the Clerk of the Court no later than 5:00 p.m., on Monday, __________________, 2008.

Copy to: JOE KOEHLER, Assistant United States Attorney's Office - Phoenix

SAUL M. HUERTA, JR., Assistant Federal Public Defender, Tucson 407 West Congress Street, Suite 501 28 Tucson, Arizona 85701-1310
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Case 2:04-cr-00594-ROS

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