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

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MICHAEL S. REEVES, ESQ. State Bar Number: 010420 1212 East Osborn Phoenix, Arizona 85014 Tel: [602] 604-7577 Fax: [602] 604-7555 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, Vs. DANIEL SAMANIEGO-CACHON, Defendant. ) ) ) ) ) ) ) ) ) ) ) NO. CR03-01097-003-PHX-ROS MOTION TO CONTINUE MENTAL HEALTH HEARING and TRIAL (14)

Defendant DANIEL SAMANIEGO-CACHON, by and through undersigned counsel, hereby requests the Court continue the hearing currently set for March 31, 2008 at 1:30. p.m. The parties discovered as they were simultaneously preparing for the upcoming hearing that contrary to the assertion of Dr. Hamadi at CCA, Mr. Samaniego was not receiving the same medication that he had previously been prescribed at F.C.I. Butner. The parties have agreed that this information is very important in the determination of the current state of Mr. Samaniego's mental health and that the issue of medications needs to be further explored. This motion is based upon the previously submitted report to the Court regarding the medication prescribed by Dr. Hamadi at CCA advising that the medication was the same and a discussion between the attorneys and their separate experts. Assistant U.S. Attorney Lisa Jennis Settel has no objection to this request. This motion is made in good faith and not for purposes of delay. The interests of justice served by a continuance outweigh the interests of the Defendant and the public in a speedy hearing and trial. Excludable delay under 18 U.S.C. §3161(h) will occur as a result of this motion or from

Case 2:03-cr-01097-ROS

Document 240

Filed 03/28/2008

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an order based thereon. WHEREFORE, it is requested that the Court continue the hearing to a date the first part of May, and thereafter the trial for a period of approximately 30 days and extend the time for filing motions. Dated: March 28, 2008. /s/ Michael S. Reeves MICHAEL S. REEVES, Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this date, March 28, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the following CM/ECT registrants: Lisa Jennis Settel, Assistant U.S. Attorney by: /s/ Michael S. Reeves

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Case 2:03-cr-01097-ROS

Document 240

Filed 03/28/2008

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