Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2729 5 JANE L. McCLELLAN AZ State Bar No. 015902 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 9 10 11 12 13 14 15 16 v. John Lunghofer, Defendant. Defendant John Lunghofer, by and through undersigned counsel, hereby United States of America, No. CR-00-1205-PHX-ROS Plaintiff, MOTION TO CONTINUE ADMIT/DENY HEARING (First Request) IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

17 moves for a continuance of the admit/deny hearing, which is set for February 27, 18 2006. The defendant has received the minute order, which notes that this is a 19 "transcript case" and that the parties need to order the transcript. Both parties ordered 20 the transcript today, but do not have the transcript yet and are not certain that the 21 22 transcript could be prepared by Tuesday, February 21, 2006. Therefore, the parties 23 agree that a continuance of the admit/deny hearing would be in the best interests of 24 justice so that a transcript could be prepared. Also, the parties need the transcript 25 before they could submit a proposed resolution order. Defendant requests a two-week 26 continuance because defense counsel will be in trial the week of February 28, 2006. 27 28

Case 2:00-cr-01205-ROS

Document 90

Filed 02/17/2006

Page 1 of 2

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Defense counsel has contacted the Assistant United States Attorney

2 Glenn McCormick, and the government has no objection to the continuance. 3 It is expected that excludable delay under Title 18 U.S.C. § 4 3161(h)(1)(F) will occur as a result of this motion or from an order based thereon. 5 Respectfully submitted: February 17, 2006. 6 JON M. SANDS 7 Federal Public Defender 8 9 10 s/ Jane L. McClellan JANE L. McCLELLAN Asst. Federal Public Defender

11 Copy of the foregoing transmitted 12 by CM/ECF for filing this 17th day of February, 2006, to: 13 Clerk's Office 14 United States District Court Sandra Day O'Connor Courthouse 15 401 W. Washington 16 Phoenix, Arizona 85003 17 Glenn McCormick Assistant U.S. Attorney 18 Two Renaissance Square 40 North Central Ave., Ste. 1200 19 Phoenix, Arizona 85003 20 Copy delivered to: 21 Adelina Bustamante 22 U.S. Probation Office 401 West Washington Street, Suite 160 23 Phoenix, Arizona 85003 24 Copy mailed to: 25 John Lunghofer 26 Defendant 27 28 s/ Kathy A. Kruckeberg Kathy A. Kruckeberg

2 Case 2:00-cr-01205-ROS Document 90 Filed 02/17/2006 Page 2 of 2