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 The defendant, Oneida Nutt, by and through counsel respectfully moves the Court for a 15 continuance of the presently set Admit/Deny hearing date of May 7, 2007 on the following 16 grounds: 17 1. The defendant is alleged to be in violation of her conditions of release. Counsel has 18 been advised an investigation is ongoing which may result in an Indictment for an 19 additional offense(s). Counsel has attempted to follow-up on this information. Counsel 20 spoke with the case agent. However, he would not discuss anything absent authorization 21 from the appropriate AUSA. He was attempting to determine who that person would be. 22 He was to call me back. I have not heard from him since that time. I spoke with the U.S. 23 Attorney's Office (Howard Sukenic). He was not able to advise, however, he directed that 24 I advise the case agent to call him. I left a message for the case agent. From speaking with 25 Mr. Sukenic, it seems possible that Mr. Richard Mesh may be the appropriate attorney 26 to speak with, however, he is out of the office until May 11, 2007. Additional time to 27 discuss the matter with Mr. Mesh and/or the case agent is important to the best interests 28 DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-03-0854-06-PHX-JAT ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE ADMIT/DENY ) HEARING Oneida Nutt, ) ) Defendant. ) (Second Request) _______________________________________)

Case 2:03-cr-00854-JAT

Document 252

Filed 05/03/2007

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of the defendant, justice and judicial economy (See, paragraph 2). 2. Due to the new policy/process in handling cases for defendants with new charges, as well as supervised release (or probation) violations, it is important to attempt to obtain more information and, if possible, await the new Indictment. 3. The defendant has some concerns with regard to the allegations relating to TASC requirements and failures. Counsel has been advised of supporting documentation at ValuOptions. Counsel requested those records as of April 20, 2007 and spoke with one of the providers shortly thereafter. Counsel was advised that they are in the process of providing the records, however as of this filing the records have not been received. These records are important to advising the client how to proceed. 4. Counsel is requesting additional time to investigate and determine whether a new Indictment will be forthcoming prior to resolution of the pending alleged violations and to obtain and review with the client the records from ValuOptions. This information is important to being able to properly advise the defendant in accord with the Sixth Amendment and her best interests. 5. This defendant is in custody. At the time of this filing, counsel for the Government, Paul Rood, has no objection to this request. The defendant requests a continuance of this matter for approximately 14 days (14) 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 3rd day of May, 2007. S/ Mark A. Paige MARK PAIGE Attorney for Defendant

Case 2:03-cr-00854-JAT

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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:

Paul Rood 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

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Case 2:03-cr-00854-JAT

Document 252

Filed 05/03/2007

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