Free Motion to Continue - District Court of Delaware - Delaware

` Case 1 :06-cr-00138-GIVIS Document 35 Filed 01/16/2008 Page 1 of 3
I IN TI-IE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE `
· UNITED STATES OF AMERICA, ) r q
) Q
Plaintiff, ) I
)
v. ) Criminal Action No. 06—l38-GMS
. . )
YVOR DELCHEV STOEV, )
)
- Defendant. ) ,
` MOTION FOR CONTINUAN CE OF SENTENCING
‘ The United States, by and through its undersigned attorney, request that the Court continue
I sentencing for three weeks because the United States does not have victim loss information
necessary for the Presentence Report. In support of this motion, the United States provides the q
U following: q
1. Sentencing is scheduled January 24, 2008.
2. The offense of conviction, wire fraud, concerns 77 victims of a computer phishing attack l
aimed at PayPal account holders. The Presentence Report, dated December 19, 2007, at paragraph I
q 23 reads as follows: q
_ _ _ - The FBI case agent reports that this week an FBI victim/witness coordinator · [
_ is expected to send letters to the 77 Pay Pal victims. It is further expected
that any financial losses to their bank accounts ultimately were suffered by Q
_ the account ho1ders’ banks. The FBI case agent expects this week to forward Y-
. the relevant bank information to a unit at FBI headquarters that will contact _ - j
the victims’ banks to ascertain what, if any, losses are attributable to the ‘
I - relevant 77 account holders. . _ q ‘ ;

J Case 1 :06-cr-00138-GIVIS Document 35 Filed 01/16/2008 Page 2 of 3
Despite the above-referenced expectations, the Government’s Victim contacts did not begin until
after January l, 2008, and only recently did the Government complete sending letters and/or emails -
U to the victims and their banks to ascertain what, if any, losses were incurred. i
. , 3. The United States requests a three week continuance in sentencing because the United _
· _States does not expect victim and banl; responses can be received and assimilated into the
Presentence Report without the continuance.
I 4. This request for a delay in sentencing is solely attributable to the undersigned attomey’s
I failure to better manage the Government’s victim contacts concerning losses. _
4 5. On October 23, 2003, the defendant was detained upon entering his guilty plea.- The
defendant is represented by Keir Bradford, Esquire, with whom this motion has been reviewed. Ms.
I · - Bradford objects to the motion and further advises that no hearing on the motion is requested.
6. The United States has discussed this motion with United States Probation Officer Thomas E
Carey and he has no objection to the motion.
7. The Presentence Report calculates a Guidelines range of I2 — 18 months incarceration. I
WHERE]? ORE, the United States respectfully requests that sentencing, scheduled for
January 24, 2008, be continued for three weeks.
COLM F. ONNOL /· ‘ _
I United a s Att ‘
I I =}`$°'4—t ‘ ii
, ._,_ _ _ Edrn nd Fal wski i l _`
I - Assistant United St tes Attorney
_ Dated:{,./6 { Og

Case 1 :06-cr-00138-GIVIS Document 35 Filed 01/16/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT _
. y FOR THE DISTRICT OF DELAWARE
_ UNITED STATES OF AMERICA, ) _ g
- )
Plaintiff, )
v. · ) Criminal Action No. 06-138-GMS
- YVOR DELCHEV STOEV, )
- Defendant. ) C
- ` O R D E R
l I WHEREAS, the Court has scheduled sentencing for January 24, 2008; and
U WHEREAS, the United States has made a request for a continuance;
I IT IS ORDERED this day of , 2008, that the sentencing -
scheduled for January 24, 2008, is continued; and ‘
IT IS FURTHER ORDERED that sentencing is rescheduled to , y
2008, at _ g `
I . · Honorable Gregory M. Sleet n
_ _ Chief Judge, United States District Court