UNITED STATES DISTRICT COURT
________________ DISTRICT OF TEXAS
_________________  DIVISION

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

MOTION FOR CONTINUANCE
AND BRIEF - DETENTION HEARING

	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 a Detention Hearing on [HEARING DATE] at [HEARING TIME PM/AM].  The defendant had his initial appearance on -------- and the Government moved for a three (3) day continuance.
II.
	This Motion is not made for delay.  Under the provisions of 18 U.S.C. 3142 (f) the defendant may move for a continuance of five (5) days; or more, upon a showing of good cause.  Good cause in this case exists by reason of the need to investigate the facts of the offense and to verify information relating to community ties and employment.  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 trial 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 Detention Hearing.

APPROVED:

[CLIENT]

						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 [MONTH], [YEAR], 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 Detention 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 Court orders this case to be reset to the            day of                    , [YEAR], for a Detention Hearing.
	SIGNED this       day of                   , [YEAR].

						                                                                          
						UNITED STATES MAGISTRATE JUDGE