Free Motion to Continue - District Court of Delaware - Delaware

Case 1:06-cr-00142-JJF

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Filed 07/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JUAN FRANCISCO FLORES-BARAHONA, Defendant.

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Criminal Action No. 06-142-JJF

MOTION FOR CONTINUANCE OF SENTENCING Defendant, Juan Francisco Flores-Barahona, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court for an order continuing the sentencing hearing in this case. In support of the motion, the defense submits as follows: 1. 12:00 p.m. 2. Defense counsel received the initial draft of the Presentence Report (PSR) on July 6, Mr. Flores-Barahona is currently scheduled for sentencing on August 2, 2007, at

2007. In the PSR, Mr. Flores-Barahona is assessed an eight point increase in his offense level stemming from a 2004 Maryland assault conviction, because the U.S. Probation Officer preparing the report believes that this conviction qualifies as an aggravated felony. Defense counsel was not aware of this factor prior to receiving the PSR, and defense counsel believes that this conviction does not qualify as an aggravated felony. Defense counsel requires additional time to review the PSR and to

Case 1:06-cr-00142-JJF

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Filed 07/20/2007

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look further into this issue. Defense counsel would also like additional time in order to prepare something in writing to submit to the Court outlining the defense's position on this issue. 3. Defense counsel respectfully requests that Mr. Flores-Barahona's sentencing be

continued for two weeks to allow defense counsel time to respond to this information contained in the PSR and to adequately prepare for sentencing. 4. AUSA Ilana Eisenstein does not oppose this request for a continuance, so long as the

continuance is not lengthy.1 WHEREFORE, Mr. Flores-Barahona respectfully requests that the Court continue the sentencing hearing in this matter for two weeks, until anytime after August 16, 2007. Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Flores-Barahona

DATED: July 20, 2007

Ms. Eisenstein does not oppose defendant's request for continuance of sentencing so long as the sentencing is scheduled prior to August 31, 2007. 2
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Case 1:06-cr-00142-JJF

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Filed 07/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JUAN FRANCISCO FLORES-BARAHONA, Defendant.

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Criminal Action No. 06-142-JJF

ORDER In response to Mr. Flores-Barahona's Motion for Continuance of Sentencing, this Court HEREBY ORDERS on this ___________ day of _______________________, 2007, that Defendant's sentencing hearing be re-scheduled for the ________ day of _______________, 2007 at __________ a.m./p.m.

The Honorable Joseph J. Farnan, Jr.