IN THE UNITED STATES DISTRICT COURT
FOR THE_____________ DISTRICT OF TEXAS
___________________ DIVISION

UNITED STATES OF AMERICA,       	§
				            	§
				            	§
v.				            	§	NO. ______________________ 
                                				§
__________________             		§
 
MOTION FOR CONTINUANCE
AND BRIEF

	The defendant, by counsel, makes this first Motion for Continuance and would show the Court the following:
I.
	_______________________ is charged by indictment with a violation of________________ , ___________________.  The case is set for trial on _________________________________.
II.
	This Motion is not made for delay.  Good cause for this continuance exists because counsel was appointed to represent this defendant on_________________.   Counsel was notified of this new appointment on ________________.  Good cause in this case exists by reason of the need to investigate the facts of the offense and the possibility that this prosecution may be governed by the policy of the United States Attorney’s Office known as the “petite policy”.       
	In addition, Defendant requests such 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.
	Filed contemporaneously with this motion is a Waiver of Speedy Trial Act which has been executed by the Defendant.   The  circumstances present in this case reflect a continuance should be granted.
	WHEREFORE, for the reasons set forth above, Defendant respectfully requests the Court to continue this case and reset the trial to the next criminal trial docket.													
						Respectfully submitted,

						
						BY:  ___________________________
						__________________
						Attorney for Defendant
						Bar No. ____________
						Address
						City 
						Phone
						
						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

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

UNITED STATES OF AMERICA,       	§
				            	§
				            	§
v.				            	§	NO. _______________ 
                                				§
______________________             		§

O R D E R

	Upon motion of the defendant, _______________________, for a continuance of the trial 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                    , 20___, at ____________ _____.m. for a trial.
	SIGNED this       day of                                             , 20__.

						                                                                       
						UNITED STATES DISTRICT JUDGE