Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:03-cr-00261-AHN

Document 58

Filed 03/24/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. MARVIN SMITH

: No. 3:03CR261(AHN) : : : : March 24, 2005

DEFENDANT'S MOTION TO CONTINUE SENTENCING Defendant, by and through his undersigned CJA counsel, respectfully requests that this court continue to April 5, 2005, the currently-set sentencing date of March 28, 2005. In support of said motion, undersigned counsel makes the following

representations: 1. Approximately 30 days ago, undersigned counsel was alerted by the

government that counsel for the government expected to seek a continuance to April of the currently-set sentencing date of March 28, 2005 due to a conflicting trial commitment. 2. This week, not having heard further from the government, counsel

contacted the government to determine its plans on the scheduling of the sentencing. Counsel learned that the conflict had resolved itself and that government did not need to seek additional time. 3. Undersigned counsel had not completed his sentencing memorandum, in

good faith believing that the sentencing was to be continued.

ORAL ARGUMENT NOT REQUESTED

LA W OFFICES OF ROBERT SULLIV A N 1 9 0 M ain St reet W est port , C T 0 6 8 8 0 T el. 2 0 3 /2 2 7 -1 4 0 4 J uris N o. 4 0 5 8 3 7 Federal Bar N o . C T 0 8 9 6 9

Case 3:03-cr-00261-AHN

Document 58

Filed 03/24/2005

Page 2 of 3

4.

AUSA Michael Runowicz has advised counsel that the government does not

object to a short time enlargement for the purpose of permitting counsel to complete the sentencing memorandum suitably in advance of the sentencing date. 5. Defendant Marvin Smith respectfully requests, therefore, that this matter

be continued to April 5, 2005 6. As indicated above, AUSA Michael Runowicz does not object to the

requested continuance.

Respectfully submitted, DEFENDANT MARVIN SMITH

By________________________________________ Robert J. Sullivan, Jr. LAW OFFICES OF ROBERT SULLIVAN 190 Main Street Westport, Connecticut 06880 Tel. No. 203/227-1404 Federal Bar No. CT08969

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LA W OFFICES OF ROBERT SULLIV A N 1 9 0 M ain St reet W est port , C T 0 6 8 8 0 T el. 2 0 3 /2 2 7 -1 4 0 4 J uris N o. 4 0 5 8 3 7 Federal Bar N o . C T 0 8 9 6 9

Case 3:03-cr-00261-AHN

Document 58

Filed 03/24/2005

Page 3 of 3

CERTIFICATION

This is to certify that a copy hereof was mailed on March 24, 2005 to the following: Michael E. Runowicz, AUSA Office of U.S. Attorney 157 Church Street, 23rd Floor New Haven, CT 06510

______________________________ Robert J. Sullivan, Jr.

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LA W OFFICES OF ROBERT SULLIV A N 1 9 0 M ain St reet W est port , C T 0 6 8 8 0 T el. 2 0 3 /2 2 7 -1 4 0 4 J uris N o. 4 0 5 8 3 7 Federal Bar N o . C T 0 8 9 6 9