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

Filing 542

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 542 1 JON M. SANDS Federal Public Defender 2 District ofh Arizona 2450 S. 4t Ave., Suite 400 3 Yuma, AZ 85364 Telephone: (928) 314-1780 4 RICHARD JUAREZ, #006186 5 Asst. Federal Public Defender 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 16 Defendant, Jose Luis Duarte, by and through undersigned counsel, 17 hereby moves the Court to enter an order continuing the currently scheduled trial date 18 of November 3, 2009 for sixty (60) days and to reschedule the deadline for filing 19 pretrial motions in order to allow him to adequately prepare for trial. Additionally, 20 defendant requests that the status conference scheduled for October 19, 2009 be 21 vacated. 22 Mr. Duarte was arraigned on September 9, 2009 on an indictment vs. Jose Luis Duarte, Defendant. United States of America, Plaintiff, No. CR-09-1116-PHX-SRB MOTION TO CONTINUE TRIAL AND PRETRIAL MOTION FILING DEADLINE (First Request) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 23 alleging a violation of Title 8 U.S.C. 1326(a), enhanced by 1326 (b)(1). 24 Defense counsel has received discovery in this matter and is in the 25 process of conducting pretrial investigation. Tapes of the deportation proceedings 26 still need to be acquired and reviewed, as well as certain court documents. 27 Additionally, information regarding the case is being evaluated to determine whether 28 1 pre-trial motions a should be filed in order to assure the defendant a fair trial. 2 A plea agreement has been extended to the defendant and serious 3 consideration is being given to it. It is anticipated a trial will not be necessary to 4 resolve this case, however, the time requested is necessary should plea negotiation 5 fail in order that the defendant be adequately prepared for trial. 6 Assistant United States Attorney Walter Perkel is out of the office, 7 however his supervisor, Assistant Attorney Raynette Logan has indicated the 8 government has no objection to the requested continuance. 9 11 12 13 14 15 16 17 Copy of the foregoing transmitted by CM/ECF for filing this 13th day 18 of October, 2009, to: 19 Walter Perkel Assistant United States Attorney 20 Two Renaissance Square 40 North Central Avenue 21 Suite 1200 Phoenix, Arizona 85004-4408 22 Copy mailed to: 23 Defendant 24 s/Monica Cortes 25 Monica Cortes 26 27 28 Excludable delay under 18 U.S.C. 3161(h)(8)(A) and (h)(1)(F) may Respectfully submitted: October 13, 2009. JON M. SANDS Federal Public Defender s/Richard Juarez RICHARD JUAREZ Asst. Federal Public Defender 10 result from this motion or from an order based thereon.

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