Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona FREDERICK A. BATTISTA Assistant U.S. Attorney Maryland State Bar Member [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

11 United States of America, 12 13

Plaintiff, v.

CR-02-088-PHX-ROS MOTION TO CONTINUE VIOLATION HEARING

14 Carissa Rayann Whitebread, 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendant.

The United States, by and through its attorneys undersigned, respectfully requests this Honorable Court enter an order continuing the supervised release violation hearing for defendant Carissa Rayann Whitebread, currently set for Monday, August 22, 2005, for a period of a least 14 days. The government is seeking this continuance due to the following facts, (1) there is a motion pending before the Court seeking the release, from the United States Probation Office, of all documents relating to the pending Petition to Revoke Supervised Release; the parties are unable to fully prepare for the hearing without the documents; (2) the government is in the process of obtaining an expert who is qualified to testify about the subject urine analyses and identification of one or more controlled substances; (3) the prosecutor assigned to this case is in the process of preparing for a trial that will start on August 23, 2005, in United States v. Robert Franklin Abraham, CR-03-385-PCT-FJM; and (4) the same prosecutor is in the process

Case 2:02-cr-00088-ROS

Document 84

Filed 08/15/2005

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of completing a Ninth Circuit brief in United States v. Bruce Lowry, CR-03-463-PHX-DGC, which is due on August 22, 2005. John W. Rood, III, counsel for defendant, has no objection to this motion. It is expected that excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an order based thereon. Respectfully submitted this 15th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/ Frederick A. Battista FREDERICK A. BATTISTA Assistant U.S. Attorney

I hereby certify that on August 15, 2005, I caused the attached document to be 14 electronically transmitted to the Clerk's Office using the CM/ECF system for filing and 15 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
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John W. Rood, III
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S/ Frederick A. Battista FREDERICK A. BATTISTA Assistant U.S. Attorney

Case 2:02-cr-00088-ROS

Document 84

Filed 08/15/2005

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