Free Motion for Extension of Time - District Court of Connecticut - Connecticut

0 ase 3:03-cr-00241-JCH Document 105 Filed 05/13/2005 Page 1 ot 3
THE UNITED STATES DI TRICT OU ‘ · ¤
S C MSMAY l3 plz-Mi
DISTRICT OF CONNECTICUT
DlSTRlCT Ctlligl
UNITED STATES OF AMERICA : 3:03- CR 241 (JCH) ·
V.
GARY AGNEW MAY 12, 2005 A
MOTION TO EXTEND SURRENDER DATE
The Defendant, Gary Agnew, hereby requests through his counsel for the Court to extend
his surrender date from his current surrender date of May 30, 2005 until June 30, 2005. The basis
for this request is that the defendant’s wife has undergone spinal surgery on January 19, 2005 and
requires the defendant’s assistance with daily living activities. Please see attached note from Dr.
William Druckrniller. Additionally, the Second Circuit Court of Appeals has remanded Mr.
· Agnew’s appeal to the District Court for consideration of resentencing under Booker. The A
sentencing Court has entered a briefing order with a deadline of May 23,2005 for parties to tile
briefs regarding the appropriateness of resentencing. Considering that it is unlikely that
resentencing would occur prior to May 30,3 005, the defendant’s current resentencing date. Mr.
Agnew should not be required to surrender until after being resentenced.
Assistant U.S. Attorney Maria Kahn representing the Government in this matter has
advised the undersigned that the Government opposes another request for an extension and will l
mea written ¤bje’¤ti6¤.""" A ‘ I A V “ ” ° G ‘ 4 G ii if-

l ase 3:03-cr-00241-JCH Document 105 y Filed 05/13/2005 Page 2 of 3
This is the third request for an extension of the surrender date filed by the defendant. As
previously acknowledged by the Government, Mr. Agnew does not pose a flight risk nor a threat
to the general public. Further as it is not beyond the realm of probability that Mr. Agnew may not
be sentenced to a period of incarceration, an irreversible unjustified deprivation of Mr. Agnew’s
liberty will occur if he is required to surrender himself prior to the court determining his right to
be resentenced and any resentencing. There is nothing to be gained from denying this reasonable
request while there is a probability of irreversible loss to Mr. Agnew and his family.
Wherefore the defendant through undersigned counsel respectfully requests that his
surrender date be continued until June 30, 2005 to allow a further reasonable time for the Court to
detennine the outstanding issues in this matter.
I THE DEFENDANT, T
··lc‘’ A hill »i—~- » rp `
rig ~i·*‘ llnilr " \"""`""‘"‘”"`“
Cheryl efféman
Farver I ‘ effernan
2842 Old Dixwell Avenue
Hamden, Connecticut 06518
Telephone: 203-288-8266
Facsimile: 203-288-4702
Fed Bar #: CT 06473
E-mail: [email protected]
CERTIFICATION
I hereby certify that a copy of the forgoing Motion was forwarded to the following on this
12th day of May, 2005. ;
AUSA Maria Kahn, Esquire
United States Attorney’s Office /_/» 5
157 Church Street /- V,,. . l
22“d Floor //”/ ’" Iiiill
New Haven, Connecticut 06510 [ V/_,
Cheryl E. rnanm
2

ws ,.¤ .e—*g
J §‘ gsi giié
~ H xg isi 5 ..
_ Q {
. gg Eglgp
E?. § ~ '¥=§
Q ixi V ll VA l , _
¤ Yr;
E E $
iiggggg wgggggiiug
Egil 2% E i¤ ;==*g
h ig? ?§?? ~= § §§ »
gv gg? a§¤ ~§_ Mz; 7.;
5 ·. $5.:: R ‘·§'§ gi ,
g ‘ iz? ip: §¥i§ Liv
gg 3;%; F gg
'§ 6 _ ; ‘
Li gg § Ji gihiz g