Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:03-cr-00261-AHN

Document 55

Filed 02/22/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA, Plaintiff v. MARVIN SMITH, Defendant

: : : No. 3:03CR261(AHN) : : : : : February 18, 2005 :

DEFENDANT'S MOTION TO CONTINUE SENTENCING Defendant, by and through his undersigned CJA counsel, respectfully requests that this court continue for three weeks, the currently-set sentencing date of March 3, 2005. In support of said motion, undersigned counsel makes the following

representations: 1. 2. Sentencing in this matter is currently set for March 3, 2005. Undersigned counsel has selected a jury in USA v. Fernandez, Docket No.

3:04CR277 (PCD) a multiple defendant criminal matter. Evidence will begin on March 28, 2005, a date certain. 3. The trial is expected to consume approximately one week, encompassing

the Smith sentencing date of March 3, 2005. 4. Undersigned counsel did not participate in the scheduling of the currently

set sentencing date of March 3, 2005. 5. In addition, counsel has just been notified that the addendum to the PSR

is ready to be picked up at the Probation Office. A number of complex issues (deriving, at least in part from the recent Booker decision) have already been identified in the PSR.

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 55

Filed 02/22/2005

Page 2 of 3

6.

Next week (February 21 through 25, 2005) is winter vacation in the

Trumbull Schools; undersigned counsel's family will be out of town most of next week. The Fernandez trial starts the following Monday. 7. In short, there will be no time for undersigned counsel to prepare a

comprehensive sentencing memorandum within the time now available to counsel. 8. Counsel respectfully requests, therefore, that sentencing in this matter be

continued for at least three weeks, preferably for the week of March 28, 2005. 9. This date undersigned counsel left a comprehensive voice mail message for

AUSA Michael Runowicz explaining the basis for this request and seeking the government's position. As of the time that this motion was dispatched for filing,

undersigned counsel had not yet heard back from Mr. Runowicz , but reasonably believes that the government will have no objection 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 55

Filed 02/22/2005

Page 3 of 3

CERTIFICATION

This is to certify that a copy hereof was mailed on February 18, 2005 to the following: Michael E. Runowicz, AUSA Office of U.S. Attorney 157 Church Street, 23rd Floor New haven, CT 06510 Carla Jo Wagenstein-Vega Office of Probation 915 Lafayette Blvd. Bridgeport, CT 06604

______________________________ 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