Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 1138

M o t i o n Picture Association of America v. CrystalTech Web Hosting Inc.

D o c . 1138

TYRONE MITCHELL P.C. T yro n e Mitchell, Esq., No. 016267 2 6 3 3 East Indian School Road Suite 320 P h o e n ix , Arizona 85006 T e le p h o n e : [phone] F a c sim ile : [phone] A tto r n e y s for Defendant I N THE UNITED STATES DISTRICT COURT D IS T R I C T OF ARIZONA U N IT E D STATES OF AMERICA., Plaintiff, vs. J E F F R E Y STEVEN CROSS, Defendant. ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____________ ) N o . CR 05-104-PCT-PGR ) ) M O T IO N TO CONTINUE TRIAL ) ) ( F i r s t Request) ) ) ) ) )

D E F E N D A N T JEFFREY STEVEN CROSS, by and through undersigned counsel, r e s p e c tf u l ly moves this Honorable Court for an Order extending the trial date presently sch ed u led for August 14, 2007 for a period of thirty (30) days subject to the Court's calendar a n d for the foregoing reasons. T h e United States of America alleges DEFENDANT JEFFREY STEVEN CROSS co m m itted Murder. C o u n s e l requires and request adequate time to thoroughly review the discovery upon re c e iv in g it from the government and the opportunity to meet with his client to discuss pertain m a tte r s involved in the case. Further, additional time is needed to conduct defense
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in v e stig a tio n in this matter. Once these matters have been completed, defense counsel will be b e tte r able to ascertain what motions, if any, should be filed and whether this case can be re so lv e d short of trial. U n d e r s ig n e d counsel avows that he has attempted to contacted the Assistant United S ta te s Attorney assigned to this matter, Roger Dokken regarding his position to this motion. M r. Dokken is currently on vacation. This Motion is made in good faith and will serve the public's interest in that providing D e f en d a n t with effective representation is necessary to insure fairness and protect the D e f en d a n t's constitutional rights. A continuance will insure counsel for both the government a n d the Defendant the reasonable time necessary for effective preparation. Indeed a

c o n tin u a n c e outweighs the best interests of the public and the Defendant's speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h )(1 )(f ) may result from this Motion or from an Order based thereon. T H E R E F O R E , based on the foregoing, DEFENDANT VAN M. BATEMAN by and th ro u g h undersigned counsel, respectfully requests that this Honorable Court enter an Order e x te n d in g the trial for a period of thirty (30) days from August 14, 2007 , subject to the C o u rt's calendar.

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R E S P E C T F U L L Y SUBMITTED this 16 th day of July, 2007. T Y R O N E MITCHELL, P.C.

By

/s/ Tyrone Mitchell Tyrone Mitchell A tto r n e y s for Defendant

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C E R T I F I C A T E OF SERVICE I certify that on the 16th day of July, 2007, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of E le c tr o n ic Filing to the following CM/ECF registrants. R o g e r Dokken, Esq. A s s is ta n t U.S. Attorney T w o Renaissance Square 4 0 North Central Avenue S u ite 1200 P h o e n ix , Arizona 85004-4408

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