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 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-03-0854-06-PHX-JAT ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE ADJUDICATION ) HEARING Oneida Nutt, A/K/A ) Oneida Galvez, ) ) Defendant. ) (Third Request) _______________________________________) The defendant, Oneida Nutt, by and through counsel respectfully moves the Court for a continuance of the presently set Adjudication hearing date of June 20, 2007 on the following grounds: 1. The defendant is alleged to be in violation of her conditions of release. The parties have been working on a "global settlement" with respect to this matter and other matters. These discussions have stalled. 2. Counsel has requested records necessary for the adjudication hearing from Value Options. Many documents have been received, however, certain records which go to the specific issue raised in the Petition to Revoke have not been received. 3. In addition, a motion to determine counsel is currently pending before the Court. 4. The defendant is requesting additional time to determine counsel, obtain the remaining few records from ValueOptions and prepare for hearing. This information is important to being able to properly advise the defendant in accord with the Sixth Amendment and her best interests.

Case 2:03-cr-00854-JAT

Document 267

Filed 06/15/2007

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5. This defendant is in custody. At the time of this filing, counsel for the Government, Richard Mesh, has no objection to this request. The defendant requests a continuance of this matter for approximately thirty days (30) days to allow undersigned counsel to be prepared and able to render effective assistance of counsel consistent with the Sixth Amendment guarantee for every defendant.

Respectfully submitted this 15th day of June, 2007. S/ Mark A. Paige MARK PAIGE Attorney for Defendant

I hereby certify that on May 3, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Richard Mesh Assistant U.S. Attorney [email protected] Mailed to: U.S. Probation David Gardner 401 W. Washington St. Phoenix, AZ 85003 S/ Mark A. Paige Mark A. Paige

Case 2:03-cr-00854-JAT

Document 267

Filed 06/15/2007

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