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 April 16, 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). 20 2. Due to the new policy/process in handling cases for defendants with new charges, as 21 well as supervised release (or probation) violations, it is important to attempt to obtain 22 more information and, if possible, await the new Indictment. 23 3. Counsel is requesting additional time to investigate and determine whether a new 24 Indictment will be forthcoming prior to resolution of the pending alleged violations. This 25 information is important to being able to properly advise the defendant in accord with the 26 Sixth Amendment and her best interests. 27 4. This defendant is in custody. 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. ) (First Request) _______________________________________)

Case 2:03-cr-00854-JAT

Document 243

Filed 04/12/2007

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At the time of this filing, counsel for the Government, Paul Rood, has no objection to this request. Counsel for the government is not available the week of May 7, 2007. 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 12th day of April, 2007. S/ Mark A. Paige MARK PAIGE Attorney for Defendant

I hereby certify that on November 10, 2006, 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:

Assistant U.S. Attorney [email protected]

S/ Mark A. Paige Mark A. Paige

Case 2:03-cr-00854-JAT

Document 243

Filed 04/12/2007

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