Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00055-JJF

Document 22

Filed 02/11/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. BRANDON TANN, Defendant.

: : : : : : : : :

Criminal Action No. 07-55-JJF

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Brandon Tann, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Tann avers as follows: 1. On or about October 15, 2007, Mr. Tann appeared before this Court and plead guilty

to one count of Felon in Possession of a Firearm and to one count of Felon in Possession of ammunition, all in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Sentencing is currently set for March 6, 2008. 2. Counsel is requesting a continuance of the Sentencing Hearing because it appears that

Mr. Tann, who is reported in the Presentence Report (PSR) as having had past psychological difficulties, continues to suffer currently from some mental health problems, which may be germaine to sentencing. 3. According to Mr. Tann, based upon a recent psychological examination at the prison,

Case 1:07-cr-00055-JJF

Document 22

Filed 02/11/2008

Page 2 of 2

he is in need of medication for Bi-Polar, and other disorders. 4. Based upon this new information, Counsel has retained a forensic psychologist to

conduct its own examination and evaluation of Mr. Tann. 5. Counsel has informed both counsel for the government and the Probation Office of

the instant request, and neither has an objection to a continuance. 7. Counsel has discussed the need for this continuance with Mr. Tann and he is in full

agreement with the request. 8. Accordingly, defendant believes that, in the interests of justice, a continuance of the

Sentencing Hearing is warranted. WHEREFORE, the Defendant, Brandon Tann, respectfully requests that this Court issue an Order continuing the Sentencing Hearing from March 6, 2008 for at least 30 days, until or after April 7, 2008.

Respectfully submitted, /s/ Edson A. Bostic, Esquire Federal Public Defender Attorney for Brandon Tann

One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected]

Dated: February 11, 2008

Case 1:07-cr-00055-JJF

Document 22-2

Filed 02/11/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. BRANDON TANN, Defendant.

: : : : : : : : :

Criminal Action No. 07-55-JJF

ORDER Having considered Defendant's Unopposed Motion For Continuance Of Sentencing Hearing; IT IS HEREBY ORDERED this Defendant Tann's Sentencing Hearing shall be on the at ______ a.m./p.m. day of day of , 2008, that , 2008,

Honorable Joseph J. Farnan, Jr. United States District Court