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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 Upon motion of the defendant, no objection by the Government, and good cause 16 appearing, IT IS HEREBY ORDERED continuing the trial in this case from December 18, 18 2007, to February 5, 2008, at 8:30 a.m., in Phoenix, Arizona. 19 This court specifically finds that the ends of justice served by taking this action 20 21 22 23 24 outweigh the best interest of the public and the defendant in a speedy trial. This finding is based on the court's conclusion that the failure to grant such a continuance would unreasonably deny the attorney for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § v. Marcial Avila-Anguiano, Defendant. United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA No. CR-04-594-3-PHX-ROS ORDER (First Request)

25 3161(h)(8)(B)(iv). IT IS FURTHER ORDERED that the deadline for filing pretrial motions is 26 27 December 31, 2007. 28 ///

Case 2:04-cr-00594-ROS

Document 176

Filed 12/13/2007

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IT IS FURTHER ORDERED that any subpoenas previously issued and served

2 in this matter remain in effect and are answerable at the new trial date and the party 3 who served the subpoena should advise the witnesses of the new trial date. 4 5 6 7

IT IS FURTHER ORDERED that the date by which the referred Magistrate Judge hears the change of plea must be no later than 5:00 p.m. on January 14, 2008. The only plea the Court will accept after said date will be a plea to the entire

8 Indictment. Counsel will not be reminded by the Court of this plea deadline and the 9 deadline will be strictly enforced. 10

IT IS FURTHER ORDERED that any motion or stipulation to continue the

11 scheduled trial date and change of plea hearing deadline shall be submitted in writing 12 and filed with the Clerk of Court no later than 5:00 p.m. on January 9, 2008. 13 IT IS FURTHER ORDERED that excludable delay under Title 18 U.S.C. § 14 will commence on 12/10/07 for a total of 57 days. 3161(h) 15 DATED this 11th day of December, 2007. 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:04-cr-00594-ROS

Document 176

Filed 12/13/2007

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