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

Filing 83

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Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BALTAZAR INIGUEZ Attorney at Law 3106 N. 16th Street Phoenix, AZ 85016-7610 Phone (602) 285-5688 Fax (602) 277-1636 State Bar No. 006084 Attorney for Defendant Lopez-Sajupe UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Luis Alberto Lopez-Sajupe, Defendant. ) Mag. No. 08-0275M ) ) ) DEFENDANT'S MOTION TO ) EXTEND TIME TO INDICT ) ) ) ) ) The above-named defendant, Luis Alberto Lopez-Sajupe, who is accused of Conspiracy to Possess with Intent to Distribute 50 Kilograms or More of Marijuana, a violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)C a Class C Felony offense, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Additionally, the defendant is housed at CCA which is located between Phoenix and Tucson. This distance, coupled with the need for interpretation, requires additional time for counsel to review discovery material with defendant. 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. 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 that 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. A proposed order is submitted herewith for the court's consideration. Excludable delay under 18 U.S.C. 3161(h)(8) would be found to commence on __________________for a total of 30 days. RESPECTFULLY SUBMITTED this 8th day of August, 2008. s/ Baltazar Iniguez BALTAZAR INIGUEZ Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically transmitted the attached documents to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic filing to the following CM/ECF registrants: James B. Morse, Jr., Mark A. Paige, Gregory A. Bartolomei, Philip A. Seplow, George F. Klink and Joanne F. Landfair.

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