Free Motion for Leave - District Court of Arizona - Arizona

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ALBERT GARCIA 127 North Alamo Road Alamo, Texas 78516 Phone (956) 783-1008 Fax (956) 783-9155 Federal Id. No. 16903 Southern Dist. of Texas RICHARD GARZA 4610 S. Closner Edinburg, Texas 78539 Phone (956) 316-1088 Fax (956) 289-1697 Federal Id. No. 16918 Southern Dist. of Texas Attorneys for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA VS. OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ § § § § § § § CR-03-787-PHX-MHM MOTION FOR LEAVE TO FILE PRESENTENCE INVESTIGATION OBJECTIONS

COMES NOW OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ, Defendant herein, by and through his attorneys of record, ALBERT GARCIA and RICHARD GARZA, and files this his Defendant's Motion for Leave to File Presentence Investigation Objections, and for cause thereof would show the Court the following:

Case 2:03-cr-00787-MHM

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Filed 04/13/2006

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I. Defendant plead guilt to Count 1 in the above numbered and entitled on October 11, 2005. This Honorable Court has set Sentencing for April 17, 2006. II. Defendant is hereby requesting leave to file his Objection to the PreSentence Report late due to miscommunication between co-counsel.

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Furthermore, the distance between counsel's office and the location where Defendant is detained awaiting sentencing makes it difficult to confer in certain matters in a timely manner. III.

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This Motion for Leave is not sought for delay but that justice may be done and your accused properly represented as allowed under the United States Constitution. RESPECTFULLY SUBMITTED this 13th day of April, 2006. LAW OFFICES OF RICHARD GARZA 4610 S. Closner Edinburg, Texas 78539 TEL.: (956) 316-1088 FAX.: (956) 289-1697

Richard Garza Federal Id. No. 16918 Southern Dist. of Texas

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Copy of the foregoing mailed/delivered this 13th day of April, 2006, to: Honorable Mary H. Murguia U.S. District Court Judge U.S. DISTRICT COURT Sandra Day O'Connor U. S. Courthouse 401 W. Washington St. Phoenix, AZ 85003 David A. Pimsner Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA VS. OTONIEL SANCHEZ-CORTEZ aka COLON POMPEYO SANCHEZ § § § § § § § CR-03-787-PHX-MHM ORDER

On this day came on to be considered Defendant's Motion for Leave to File Presentence Investigation Objection, and upon duly considering same, the Court

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specifically finds that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. §3161 (h)(8)(A). This finding is based upon the court's conclusion that the failure to grant such leave would deny Defendant his rights as guaranteed under the United

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States Constitution. SO ORDERED this ______ day of April, 2006.

Honorable Mary H. Murguia U.S. District Court Judge

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