Case 2:10-cr-01047-ROS Document 291 Filed 07/03/12 Page 1 of 2

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LOYD C. TATE
ATTORNEY AT LAW 1921 S. Alma School Road Suite 303 Mesa, Arizona 85210 (480) 345-1400 State Bar No. 014276 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-10-1047-6-PHX-ROS Plaintiff, v. Idan C. Greenberg, Defendant. (First Request) MOTION TO CONTINUE TRIAL AND EXTEND TIME TO FILE PRETRIAL MOTIONS

The Defendant by and through undersigned counsel, requests the Court to continue the trial presently set for August 7, 2012 at 9:00 a.m. before the Honorable Roslyn O. Silver. Discovery is still ongoing in this matter. More specifically, defendants Clark, Goldstein and Arnberger have recently plead guilty in this matter. With each guilty plea the Government has issued more discovery. Contemporaneously, with Mr. Arnbergers plea of guilty the Government disclosed further reports of investigation detailing a trace of a firearm to the American Embassy in Mexico. The Government had never provided this type of disclosure to defendants in the past and it raises new issues for the remaining defendants. Therefore, the Defendant requests a 60-day continuance of trial and an extension of time to file pretrial motions. Counsel has conferred with co-counsel and they agree to a continuance of this matter. After twice seeking to confer with the Government on this Motion and not receiving a response counsel is unsure of the Governments position. ...

Case 2:10-cr-01047-ROS Document 291 Filed 07/03/12 Page 2 of 2

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Excludable delay under Title 18 U.S.C. 3161(h)(7)(A) will occur as a result of this Motion or from an order based thereon. The Defendant will waive all applicable time pursuant to Title 18 U.S.C. 3161(h)(7)(A). Respectfully submitted this 3rd day of July, 2012.

By

s/Loyd C. Tate Loyd C. Tate Attorney for Defendant

I hereby certify on July 3rd , 2012, I electronically transmitted the attached documents to 9 the Clerks Office using the CM/ECF System for filing and transmittal of a Notice of 10 Electronic Filing to the following CM/ECF registrants: 11 The Honorable Roslyn O. Silver 12 United States District Court Judge 13 Kathy Lemke Assistant U.S. Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:10-cr-01047-ROS Document 291-1 Filed 07/03/12 Page 1 of 2

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 Upon Motion of the Defendant to continue the Trial presently set for August 7, 2012 at 9:00 a.m. before the Honorable Roslyn O. Silver, no objection from the government and good cause appearing, IT IS HEREBY ORDERED granting Defendants Motion to Continue. This Court specifically finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the Defendant in a speedy trial. This finding is based upon the courts conclusion that the failure to grant such a continuance would deny the Defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. 3161(h)(7)(A). IT IS FURTHER ORDERED the Trial currently scheduled for August 7, 2012 be reset for ______________, 2012. The Court finds excludable delay under 18 U.S.C Section 3161(h) from ________ to_______________. United States of America, Plaintiff, v. CR 10-01047-ROS Idan C. Greenberg, Defendant. ORDER UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:10-cr-01047-ROS Document 291-1 Filed 07/03/12 Page 2 of 2

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ORDERED ______________________.

_____________________________________ The Honorable Roslyn O. Silver U.S. District Court Judge