Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 226

Cygnus Systems, Inc. v. Microsoft Corporation, et al

Doc. 226

JON M. SANDS Federal Public Defender 2 District of Arizona 2285 S. 4th Ave., Suite E 3 Yuma, AZ 85364 Telephone: [phone]
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MATTHEW A. JOHNSON Ca. State Bar No. 207984 6 [e-mail] Asst. Federal Public Defender 7 Attorney for Defendant
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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Emiliano Gastelum-Parra, Defendant. NO. 07-01434M DEFENDANT'S MOTION TO EXTEND TIME TO INDICT (First Request) (Unopposed) (Reentry After Deportation)

The above-named defendant, Emiliano Gastelum-Parra, who is accused of Reentry After Deportation in violation of 8 U.S.C. § 1326, being advised of the nature of the charges and of his rights in this matter, hereby moves this Court, pursuant to 18 U.S.C. § 3161(h)(8)(A), for an extension of an additional thirty (30) days within which the Government must indict this matter as required by the Speedy Trial Act. 18 U.S.C. § 3161. The basis for this request is to permit the defendant time within which to review the facts in this matter, to review discovery and to investigate defenses prior to waiving rights to a number of hearings. The government has made a plea offer in this matter and will withdraw this offer if not timely accepted before this matter is indicted. Thereafter, a plea offer, if any, will be less favorable to the defendant.

Dockets.Justia.com

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For the foregoing reasons, the defendant asserts that the ends of justice will be served by continuing for thirty (30) days the speedy indictment date and those ends outweigh the best interests of the public and those of the defendant. Counsel for the government has been consulted and does not object. Excludable delay under 18 U.S.C. § 3161(h)(8)(A) and (h)(1)(F) may result from this motion or from an order based thereon. Respectfully submitted this February 23, 2007. JON M. SANDS Federal Public Defender s/Matthew Johnson MATTHEW JOHNSON Asst. Federal Public Defender

I hereby certify that on February 23, 2007, I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal to the 15 following ECF registrants: TIMOTHY ANDREWS Assistant United States Attorney 17 4035 S. Avenue A Yuma, Arizona 85365
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BEVERLY R. MCCALLUM Assistant United States Attorney 4035 S. Avenue A 20 Yuma, Arizona 85365
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Copy mailed to: Defendant