Free Motion to Continue Sentencing - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona PETER SEXTON Assistant U.S. Attorney Arizona State Bar No. 011089 [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-02-993 PHX-FJM Plaintiff, v. Keith Salvato, Kimberlyn Salvato, Janice Gamblin, Ronald Wanchuk, Defendants. UNITED STATES CONSOLIDATED MOTION TO CONTINUE SENTENCINGS OF DEFENDANTS KEITH AND KIMBERLYN SALVATO, JANICE GAMBLIN AND RONALD WANCHUK

15 16 17 18 19 20 21 22 23 24 25 26 27 28 The United States respectfully requests that the Court continue the sentencings of Keith and Kimberlyn Salvato ("Salvato defendants") and Janice Gamblin and Ronald Wanchuk ("Canadian defendants"). Their sentencings are currently set as follows: Keith Salvato Kimberlyn Salvato Janice Gamblin Ronald Wanchuk May 7, 2007 @ 1:30 p.m. May 7, 2007 @ 2:00 p.m. May 21, 2007 @ 1:30 p.m. June 18, 2007 @ 1:30 p.m.

Defense counsel join in the requested continuances. The sentencings for all four defendants were continued in late December, 2006, in order for the Salvato defendants to complete a detailed financial disclosure form, and to take a polygraph exam to verify their statements on the form. After coordinating the schedules of both defendants, their counsel, and the out-of-state polygrapher, the polygraph exams were done at

Case 2:02-cr-00993-FJM

Document 206

Filed 04/23/2007

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CCA on April 4, 2007. The preliminary results indicated the Salvatos passed their exams, but the final polygraph report has not been received as the exams must be reviewed for quality control. A final report is expected soon. Now that the asset verification process is complete, an additional debriefing of the Salvatos is needed regarding their role and participation in the indicted offenses. Defense counsel also delayed their interviews with Probation until the asset verification process was completed. Probation is in the process of arranging those interviews. As was done the last time, it is further recommended that the sentencings of defendants Gamblin and Wanchuk be deferred until after dispositions have been determined for the Salvatos, as the Canadian defendants still may be needed at any sentencing hearing for the Salvatos regarding sentencing enhancements to be found by the Court. Deferring their

sentencing will also give them credit for standing by and being available to give cooperation testimony as needed on any disputed sentencing issues, as well as continuing to make their agreed-upon restitution. In that regard, defendant Gamblin recently made a $250,000.00 payment to the United States to be applied to her restitution obligation. For these reasons, the following schedule is proposed for the sentencings of all four defendants: Keith Salvato Kimberlyn Salvato Janice Gamblin Ronald Wanchuk July 23, 2007 @ 1:30 p.m. July 23, 2007 @ 2:00 p.m. August 6, 2007 @ 1:30 p.m. August 27, 2007 @ 1:30 p.m.

As a reminder to the Court, the sentencings for the Canadian defendants are staggered because they have a special needs child who should not travel and should be under the care of at least one parent. 1/

The assigned prosecutor will be on annual leave on Friday, April 27, 2007. In addition, to the extent the Court deviates from the schedule proposed above, the prosecutor will (continued...) 2

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Respectfully submitted this 23 th day of April, 2007

DANIEL G. KNAUSS United States Attorney District of Arizona S/ Peter Sexton PETER SEXTON Assistant U.S. Attorney
I hereby certify that on April 23, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Larry Hammond Maureen Beyers Osborn Maledon, PA 2929 N. Central, Suite 2100 P.O. Box 36379 Phoenix, AZ 85067-6379 Counsel for Ronald W anchuk Tyrone Mitchell, Esq. 1700 North Seventh Street, Suite 3 Phoenix, AZ 85006 Counsel for Keith Salvato Thomas Hoidal Hoidal and Hannah, PLC 111 W est Monroe, Suite 1210 Phoenix, AZ 85003-1732 Counsel for Janice Gamblin

Adrian P. Fontes, Esq. 111 W est Monroe Street, Suite 425 Phoenix, AZ 85003 Counsel for Kim Salvato

S/ Peter Sexton

(...continued) be on annual leave for summer vacation, and out-of-state and unavailable, from Thursday, June 28, 2007, through Saturday, July 14, 2007. 3

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Case 2:02-cr-00993-FJM

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Filed 04/23/2007

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