Free Motion to Continue Dispositional Hearing - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams Street, Ste. 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2753 5 Donna Lee Elm, #12127 Asst. Federal Public Defender 6 Attorney for Defendant [email protected] 7 8 9 10 11 12 13 14 15 16 17 18 vs. (Second Request) Joseph Andrew Murray, Defendant. Joseph Andrew Murray respectfully moves this Court for an order United States of America, Plaintiff, No. CR-02-498-PHX-DGC MOTION TO CONTINUE DISPOSITION HEARING IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

19 continuing the disposition hearing in the above matter from August 20, 2007 for a 20 period of at least one (1) week. The basis for this requested continuance is 21 undersigned counsel, frankly, miscalendared this appearance; as a consequence, she 22 had not timely filed letters of support nor a psychological report prepared on Mr. 23 24 25 26 28 Murray's behalf. Rather than ask the Court, Government, and Probation to digest these materials the day before disposition, the Defense asks for a reasonable and brief continuance so that they can be filed and reviewed sufficiently in advance of

27 disposition. Additionally, it should be noted that the parties contemplate a disposition or more than one year's time in the Bureau of Prisons; although this

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1 certainly does not bind the Court, it does relieve the concern that Mr. Murray's 2 freedom might be delayed by granting this continuance. 3 Undersigned counsel has contacted Assistant U.S. Attorney Frederick 4 Battista as well as Probation Officer Sharon Werner, and the Government and 5 Probation Office have no objection to this continuance. Mr. Battista would also like 6 to inform the Court that he will not be available on August 31, 2007 or September 7 8 4, 2007. 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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It is expected that excludable delay under Title 18 U.S.C. §

10 3161(h)(1)(I) may occur as a result of this motion or from an order based thereon. Respectfully submitted: August 17, 2007. JON M. SANDS Federal Public Defender s/Donna Lee Elm DONNA LEE ELM Asst. Federal Public Defender

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1 I hereby certify that on August 17, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal to the 2 following ECF registrants: 3 FREDERICK BATTISTA 4 Assistant United States Attorney Two Renaissance Square 5 40 North Central Avenue Suite 1200 6 Phoenix, Arizona 85004-4408 7 Copy mailed to: SHARON WERNER 9 United States Probation Field Supervision Office 10 230 N. 1st Avenue, Suite 406 Phoenix, AZ 85003-1725 11 12 JOSEPH ANDREW MURRAY Defendant 13 s/Donna Lee Elm 14 DONNA LEE ELM 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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