UNITED STATES DISTRICT COURT
______________  DISTRICT OF TEXAS
________________  DIVISION

UNITED STATES OF AMERICA 	§
§
v.	§	NO. [CASE NUMBER]
§
[CLIENT]	§
§
                                                              	§

MOTION FOR CONTINUANCE
AND BRIEF - REARRAIGNMENT

	The defendant, by counsel, makes this first Motion for Continuance and would show the Court the following:
I.
	The defendant is charged by an -------- with a violation of ---- U.S.C. § ------, to wit: [OFFENSE].  The case is scheduled for -------(type of hearing)----- on [HEARING DATE] at [HEARING TIME PM/AM]  
II.
	This Motion is not made for delay.  Good cause for this continuance exists in this case by reason of the fact that --------------------------------------------.  Counsel needs time to investigate and develop evidence specifically -------------------.  In addition, Defendant requests a continuance in order to exercise the right to effective assistance of counsel as guaranteed by the 6th Amendment to the United States Constitution.

III.
	A Motion for Continuance is addressed to the sound discretion of the court and will be disturbed on appeal only upon a showing that there has been abuse of discretion.  The circumstances present in this case reflect a continuance should be granted.
	WHEREFORE, for the reasons set forth above, the defendant respectfully requests the Court to continue this case and reset the --------(type of hearing)--------------- at such time as the Government and Counsel for the Defendant have clarified -------------------- in this case.

						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 
						Attorney for Defendant

CERTIFICATE OF SERVICE

	I certify that on the _______ day of ________________, 20___, a copy of the foregoing was hand-delivered to the United States Attorney's Office at _____________________________.

						Attorney for Defendant

UNITED STATES DISTRICT COURT
________________  DISTRICT OF TEXAS
__________________  DIVISION

UNITED STATES OF AMERICA 	§
§
v.	§	NO. [CASE NUMBER]
§
[CLIENT]	§
§
                                                                     	§

O R D E R

	Upon motion of the defendant for a continuance of the -------------(type of hearing)------------- in this case, and the Court having reviewed the facts and legal issues surrounding said motion, this Court hereby GRANTS/DENIES said motion.  The -----------(type of hearing)------------ in this case is continued until further order of this Court.
	SIGNED this       day of                   , [YEAR].

						                                                                             
						UNITED STATES MAGISTRATE JUDGE