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

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Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-7003; fax 7008 Attorney for Defendant AZ Bar #005627 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOHN DELO NICHOLS, ) ) Defendant. ) ______________________________) No. CR 04-350-001-PHX-PGR DEFENDANT'S FIFTH UNOPPOSED MOTION TO CONTINUE SENTENCING DUE TO DEFENSE COUNSEL IN TRIAL

It is respectfully submitted that excludable delay pursuant to 14 18 U.S.C. §3161(h)(1) will not occur as a result of this motion.1 15 COMES NOW Defendant, John Nichols (Defendant), by counsel, and 16 respectfully moves the court for an order continuing sentencing 17 from August 28, 2006 until at least September 18 for the following 18 reasons: 19 1. 20 2. 21 trial out of state beginning August 21 through most, if 22 not all of, the week of August 28. 23 3. 24 trial until November which request was denied. 25 THEREFORE, 26 27
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Counsel for government does not object to this motion. Defense counsel Donald W. MacPherson will be in federal

MacPherson requested a continuance of the out of state

for

the

reasons

stated

above,

Defendant

28

Defendant has included excludable delay language in his proposed order in event the court disagrees.

Case 2:04-cr-00350-PGR

Document 38

Filed 08/14/2006

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requests an order of this court continuing sentencing from August 28 until at least September 18, 2006. RESPECTFULLY SUBMITTED this 14th day of August, 2006. /s/ Donald W. MacPherson The MacPherson Group 7508 N. 59th Avenue Glendale, AZ 85301 623-209-2003; fax 2008 Attorney for Defendant Copy of the foregoing emailed this date, August 14th, 2006, to: Daniel Drake Asst. U.S. Attorney 40 N. Central, #1200 Phoenix, AZ 85004-4408 Ph. 602-514-7500; fax 7537 [email protected] /s/

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deb\Nichols\continue sentencing 5th motion

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Case 2:04-cr-00350-PGR

Document 38

Filed 08/14/2006

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