Free Motion to Continue - District Court of Delaware - Delaware

Case 1:05-cr-00108-GMS

Document 25

Filed 09/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v.

ANDRES VALLEJO-MARTINEZ, Defendant.

: : : : : : : : : :

Criminal Action No. 05-108-GMS

MOTION FOR CONTINUANCE OF SENTENCING Defendant, Andres Vallejo-Martinez, 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. 2. Mr. Vallejo-Martinez is scheduled for sentencing on September 18, 2006 at 2:00 p.m. Mr. Vallejo-Martinez is still in the process of attempting to have a prior state felony

conviction, which enhances his guideline sentence in the present case, vacated. This Court granted a previous motion for continuance of sentencing filed by the defense for this same reason; however, Mr. Vallejo-Martinez initially filed the wrong motion in state court and is in the process of filing the correct motion. 3. Defense counsel was out of the office from July 1, 2006 through August 8, 2006, due

to serious injuries suffered in a car accident, and again out of the office from August 28, 2006 through September 6, 2006 following surgery on her right hand. As a result, defense counsel also

Case 1:05-cr-00108-GMS

Document 25

Filed 09/13/2006

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requires additional time to speak with Mr. Vallejo-Martinez concerning his sentencing prior to sentencing. 4. Mr. Vallejo-Martinez respectfully requests a 60 day continuance of his sentencing to

allow counsel adequate time to meet with him and to allow him the opportunity to challenge his prior state conviction. 5.AUSA Edmond Falgowski is out of the office until Friday, September 15, 2006 and defense counsel was unable to speak to him regarding the government's position on this motion. USPO Walter Matthews do not oppose this request for a continuance. WHEREFORE, Mr. Vallejo-Martinez respectfully requests that the Court continue the sentencing hearing in this matter for 60 days. Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 Attorney for Defendant Vallejo-Martinez

DATED:

September 13, 2006

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Case 1:05-cr-00108-GMS

Document 25

Filed 09/13/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ANDRES VALLEJO-MARTINEZ, Defendant. : : : : : : : : :

Criminal Action No. 05-108-GMS

CERTIFICATE OF SERVICE The undersigned attorney for defendant Andres Vallejo-Martinez hereby certifies that a copy of Defendant's Motion for Continuance of Sentencing is available for public viewing and downloading and was electronically delivered on September 13, 2006, to:

Edmond Falgowski, Esquire Assistant U.S. Attorney 1007 Orange Street Suite 700, P.O. Box 2046 Wilmington, DE 19899-2046

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 Attorney for Defendant Vallejo-Martinez