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

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LAW OFFICE OF DAVID L. LOCKHART
A PROFESSIONAL CORPORATION ATTORNEY and COUNSELLOR at LAW

1440 E. Washington Street, Suite 10 Phoenix, Arizona 85034 [email protected] _____________

(602) 254-0311 Fax (602) 254-0043

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Frank Pellegrino, et al. Defendant. DEFENDANT FRANK PELLEGRINO, by and through undersigned counsel, respectfully moves this Honorable Court for an Order extending the deadline for the filing of pretrial motions for a period of sixty (60) days and continuing the trial date presently scheduled for February 12, 2008 at 9:00 a.m. for a period of no less than sixty (60) days subject to the Court's calendar for the foregoing reasons. This case involves two (2) defendants alleged to have committed Conspiracy to Possess with No. CR03-804-PHX-DGC MOTION TO EXTEND TIME FOR FILING OF PRETRIAL MOTIONS AND TO CONTINUE TRIAL (First Request)

23 24 25 26 27 the Intent to Distribute Marijuana, Conspiracy to Commit Money Laundering (and Forfeiture Allegation) in violation of federal law. As of the date of this Motion, undersigned has not received discovery nor has he had the opportunity to meet with the assigned Assistant United States Attorney, Michael Lee to discuss this

Case 2:03-cr-00804-DGC

Document 188

Filed 01/17/2008

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case. Based upon the very nature of the allegations involved in this matter, undersigned anticipates there being voluminous discovery that he must review in order to properly represent Defendant Pellegrino. Thus, undersigned will require time to review discovery once it is received. Further, additional time will be needed to properly conduct defense investigation in this matter. Once these matters have been completed, defense will be better able to ascertain what motions, if any, should be filed and whether this case can be resolved short of trial. Undersigned avows that he has contacted Glenn McCormick, supervisor to Assistant United States Attorney Michael Lee, Mr. Lee is currently unavailable and avows that Mr. McCormick has no objection to the Court granting the relief requested herein. This motion is made in good faith and will serve the public's interest in that providing

LAW OFFICE OF DAVID L. LOCKHART

11 12 13 14 15 16 17 18 19 THEREFORE, based on the foregoing, defendant, by and through undersigned counsel, 20 21 22 23 24 25 26 27 /// /// respectfully requests that this Honorable Court enter an Order extending the pretrial motion deadline for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from February 12, 2008 at 9:00 a.m., subject to the Court's calendar. defendant with effective representation is necessary to insure fairness and to protect the defendant's constitutional rights. A continuance will insure counsel for both the government and the defendant the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best interests of the public and the defendants' speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) may result from this motion or from an order based thereon.

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RESPECTFULLY SUBMITTED this 17th day of January, 2008. LAW OFFICE OF DAVID L. LOCKHART, P.C. By s/ David L. Lockhart David L. Lockhart, Esq. 1440 E. Washington Street Suite 10 Phoenix, Arizona 85034 Attorney for Defendant

CERTIFICATE OF SERVICE I certify that on January 17, 2008, I electronically transmitted this 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: Michael Lee, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408

LAW OFFICE OF DAVID L. LOCKHART

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By s/ Carol Rosales

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