Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00429-MSK

Document 153

Filed 02/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-00429-MSK-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. RAMON MARTINEZ, Defendant.

GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING

Comes now the United States of America, by and through Joshua Stein, Assistant United States Attorney, and moves to continue the sentencing hearing currently set for February 27, 2005 at 10:45 a.m. 1. Two days ago, on Wednesday, February 22, 2006, Colorado Springs police officer Jared Jensen was shot and killed while trying to arrest a fugitive. See generally Attachment 1, Felisa Cardona and Kirk Mitchell, Springs Officer Slain: Officer Shot At Close Range While Awaiting Backup, Denver Post, February 22, 2006, at A1. 2. Ofc. Jensen had worked on a gun task force with the Colorado Springs office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. As part of this multi-agency gun task force, Ofc. Jensen worked closely with the U.S. Attorney's Office as well as with ATF. 3. The government learned this morning (Feb. 24) that the funeral has been set for this Monday, February 27, at 1:00 p.m. Representatives from the U.S. Attorney's office, including

Case 1:04-cr-00429-MSK

Document 153

Filed 02/24/2006

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undersigned government counsel, will be departing Denver for the funeral at about 10:00 a.m. that morning in order to meet with ATF and other members of the Colorado Springs law enforcement community, as well as to ensure seating at the church. 4. Due to the protracted litigation over sentencing in this case, government counsel does not lightly ask for this continuance and the government is aware that counsel's schedule conflicts do not normally constitute good cause. See MSK Cr. Practice Standard II.E.1 and V.A.2. However, this circumstance could not have been foreseen and government counsel has filed this motion within the hour of learning of the funeral date. The government respectfully submits that this constitutes good cause under MSK Cr. Practice Standard II.E.1 and V.A.2. 5. Defense counsel does not oppose resetting the sentencing hearing.

Wherefore, the United States respectfully requests that the Court continue the sentencing hearing currently set for February 27, 2006, and direct both parties to contact chambers to set a new hearing date.

Respectfully submitted, WILLIAM J. LEONE United States Attorney

By: s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

Case 1:04-cr-00429-MSK

Document 153

Filed 02/24/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of February, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addressed:

Matt Golla, [email protected]
and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: None s/ Joshua Gramling Stein JOSHUA GRAMLING STEIN Assistant United States Attorney U.S. Attorney's Office 1225 17th St., Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 Email: [email protected] Attorney for the United States

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