Free Motion to Continue Sentencing - 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 UNOPPOSED MOTION TO CONTINUE SENTENCING

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 Unopposed Motion to Continue Sentencing, and for cause thereof would show the Court the following:

Case 2:03-cr-00787-MHM

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I. This case is set on the Court's Docket for Sentencing for March 6, 2006. II. Counsel requests a continuance based on the fact that due to the complexity of this case, counsel and co-counsel for Defendant are not in a position to proceed with the sentencing. Counsel would further show that co-counsel, Albert Garcia,

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is presently in a contested judicial race as a county court judge. Lastly, the undersigned counsel had been without his legal assistant in that he had been studying to take the February bar examination since December 26th. The election for county court judge will be on March 7, 2006. After that date, counsel and co-

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counsel will be in a better position to present evidence on Defendant's behalf so as to assist the Court in assessing the proper punishment. Based on the foregoing, counsel requests that the sentencing be continued for a period of at least 30 days. The undersigned would also show this Court that the assigned Assistant United States Attorney, the Hon. David A. Pimsner, is not opposed to this continuance. III. This continuance is not sought for delay but that justice may be done and your accused properly represented as allowed under the United States

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Constitution. It is expected excludable delay under Title 18 U.S.C. Section 3161 (h)(8)(A) may occur as a result of this Motion or from an Order based thereon. RESPECTFULLY SUBMITTED this 2nd day of March, 2006.

LAW OFFICES OF RICHARD GARZA 4610 S. Closner Edinburg, Texas 78539 TEL.: (956) 316-1088 FAX.: (956) 289-1697

/s/ Richard Garza Federal Id. No. 16918 Southern Dist. of Texas Attorney for Defendant

Copy of the foregoing mailed/delivered this 2nd day of March, 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 Unopposed Motion to Continue Sentencing, and upon duly considering same, the Court specifically finds

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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 a continuance would deny counsel for the defendant and the attorney for the

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government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §361 (h)(8)(B)(iv). IT IS ORDERED that the sentencing date of March 6, 2006 in this matter be reset to __________________________ at _________________m. IT IF FURTHER ORDERED that excludable delay under Title 18 U.S.C. §361 (h)(8) ________ will commence on ____________________________, for a total of _________ days.

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DATED this ______ day of March, 2006.

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

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