Free Motion to Continue - District Court of Arizona - Arizona

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MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-04-381-PHX-JAT ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE SENTENCING ) James Harris, ) ) Defendant. ) (First Request) _______________________________________) The defendant, James Harris, by and through counsel respectfully moves the Court for a continuance of the presently set sentencing date of September 12, 2005 on the following grounds: 1. The defendant pled guilty on or about June 17, 2005. Counsel received the PreSentence Report on or about August 24, 2005. The materials were sent to Mr. Harris on August 25, 2005. Since counsel left for Prescott for trial September 6, 2005, I have not had occasion to review the document with him. 2. Counsel is in need of additional time to review the PSR, meet with the client and discuss any necessary objections, and prepare any needed sentencing memorandum. 4. This defendant is in not custody. At the time of this filing, counsel for the Government, Timothy Duax, has no objection to this request. The defendant requests a continuance of this matter for 2-3 (2-3) weeks to allow undersigned counsel to be prepared and able to render effective assistance of counsel consistent with the Sixth Amendment guarantee for every defendant.

Case 2:04-cr-00381-JAT

Document 114

Filed 09/16/2005

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // s/ Mark A. Paige ______________________ Mark A. Paige Copy of the foregoing was mailed/delivered this 16th day of September, 2005 to: Timothy Duax Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue Suite 1200 Phoenix, AZ 85004-4408 s/ Mark A. Paige ______________________________________ MARK PAIGE Attorney for Defendant Respectfully submitted this 16th day of September, 2005.

Case 2:04-cr-00381-JAT

Document 114

Filed 09/16/2005

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