Free Motion to Extend Time to File Pretrial Motions - District Court of Arizona - Arizona


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Date: December 31, 1969
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State: Arizona
Category: District Court of Arizona
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Preview Motion to Extend Time to File Pretrial Motions - District Court of Arizona
I LAW OFFICE OF
2 DAVID L. LOCKHART
A PROFESSIONAL CORPORATION
ATTORNEY and COUNSELLOR at LAW
3 1440 E. Washington Street, Suite 10
Phoenix, Arizona 85034
4 [email protected]
5 (602) 254-031 1 Fax (602) 254-0043
6 David L. Lockhart
State Bar No. 018475
7 Attomeys for Defendant
8
9 IN THE UNITED STATES DISTRICT COURT
10 DISTRICT OF ARIZONA
1 1 .
United States of America, No. CR03-804-PHX-DGC
12 Plaintiff, MOTION TO EXTEND TIME FOR
13 FILING OF PRETRIAL MOTIONS AND
vs. TO CONTINUE TRIAL
14 . .
Frank Pellegnno, et al. (Third Request)
15 Defendant.
1 6
17 DEFENDANT FRANK PELLEGRINO, by and through undersigned coun s•:l, respectfully
18 moves this Honorable Court for an Order extending the deadline for the filing of pretrial motions for a
19 period of sixty (60) days and continuing the trial date presently scheduled for June Z0, 2008 at 9:00
20 a.m. for a period of no less than sixty (60) days subject to the Court’s calendar for the foregoin
S
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reasons.
22
This case involves two (2) defendants alleged to have committed Conspiracy to Possess with
23
24 the Intent to Distribute Marijuana, Conspiracy to Commit Money Laundering (and Forfeiture
25 Allegation) in violation of federal law.
26 Undersigned has now received discovery generated in connection with the investigation of
27 this matter and is diligently reviewing the documents. The discovery disclosed to date is quite
Case 2:03-cr—00804-DGC Document 204 Filed 05/15/2008 Page 1 of 3

l voluminous. Further, there are some wiretapped phone calls that undersigned still Il zeds to review.
2 Additionally, undersigned is still meeting with Defendant (who is housed in CCA) f` nr the purposes of
3 reviewing/discussing the discovery.
L; The Court should also be advised that the parties do believe that this matter will resolve via
6 plea agreement. However, there is substantial work that must be completed by undersigned in order
7 to properly and competently advise Defendant.
8 Finally, undersigned counsel is scheduled to begin a two (2) week jury trial ii the Maricopa
9 County Superior Court in State of Arizona v. T erance D. Ballard — CR200 7-150220-003 before the
[-1 10 Honorable Helene Abrams on May 20, 2008.
5 E Undersigned avows that he has spoken with the assigned Assistant United S‘ates Attomey,
E 8 13 Michael Lee and avows that Mr. Lee has no objection to the Court granting the relief requested
§ 14 herein.
5 Q 15 This motion is made in good faith and will serve the public’s interest in tha; providing
Q 16 defendant with effective representation is necessary to insure fairness and to protectzthe defendants’
17 constitutional rights. A continuance will insure counsel for both the govemment a:1l the defendant
18 the reasonable time necessary for preparation. Indeed, a continuance outweighs the best
;; interests of the public and the defendants’ speedy trial rights.
21 It is expected that excludable delay under 18 U.S.C. §3 l6l(h)(8)(A); (B)(ixr) and (h)(l)(f) may
22 result from this motion or from an order based thereon.
23 THEREFORE, based on the foregoing, defendant, by and through undersigned counsel,
24 respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline
25 for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from June 8,
26 2008 at 9:00 a.m., subject to the Court’s calendar.
27
Case 2:03-cr—00804-DGC Document 204 2 Filed 05/15/2008 Page 2 of 3

1 RESPECTFULLY SUBMITTED this @ day of May, 2008.
2
3 LAW OFFICE OF DAVID L. LOCICHART, P.C.
4
By s/ David L. Lockhart
5 David L. Lockhart, Esq.
1440 E. Washington Street
6 Suite 10
Phoenix, Arizona 85034
7 Attorney for Defendant
8
9 CERTIFICATE OF SERVICE
10 I certify that on March Lf, 2008, I electronically transmitted this document to thc €1erk’s Office
5-· ll using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following
h E5 CM/ECF registrants:
¤ é
Ld U 12 Michael Lee, Esq.
E G 13 Assistant U.S. Attorney
u. A Two Renaissance Square
O J 14 40 North Central Avenue
B E Suite 1200
< > Phoenix, Arizona 85004-4408
Q
16 By s/Carol Rosales
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