Free Motion to Continue Trial - 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 01/09/2008 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 TRIAL OF FEBRUARY 5, 2008 (Second Request)

It is expected that excludable delay under 18 U.S.C. § 3161will occur as a result of this
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motion or an order based thereon.
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Defendant, MARCIAL AVILA-ANGUIANO, through counsel, respectfully requests an
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extension of the motions deadline, the plea deadline, and a 30-day continuance of the Trial set
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for February 5, 2008. This request for continuance is made for the following reasons:
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1.
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This matter was remanded from the Ninth Circuit Court of Appeals for a jury trial on Counts 4-6. As such, 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.

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DATED this 9th day of January 2008. JON M. SANDS Federal Public Defender s/ SAUL M. HUERTA, JR. ____________________________ SAUL M. HUERTA, JR. Assistant Federal Public Defender
Filed 01/09/2008

Case 2:04-cr-00594-ROS

Document 177

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Copy of the foregoing Motion to Continue Trial of February 5, 2008 provided by ECF 2 or other means this 9th day of January 2008 to:
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THE HONORABLE ROSYLN O. SILVER United States District Court JOE KOEHLER, Assistant United States Attorney's Office, Phoenix

MARCIAL AVILA-ANGUIANO Reg. No. 82187-008 7 CCA - Florence P. O. Box 6300 8 Florence, Arizona 85232
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Case 2:04-cr-00594-ROS

Document 177 2 Filed 01/09/2008

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