Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1333

Filed 07/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case Number: 04-cr-000103-REB

UNITED STATES OF AMERICA, Plaintiff,

v.

4. CHARLES LEWIS Defendant. ________________________________________________________________________ DEFENDANT'S UNOPPOSED MOTION TO CONTINUE SENTENCING DATE ________________________________________________________________________

Comes now the Defendant, Charles Franklin Lewis, by and through undersigned counsel, Ronald Gainor, who submits this Unopposed Motion to Continue Sentencing Date and, in support, would state the following; 1. A Sentencing Hearing is currently set in this matter for September 7, 2007 at

1:30 p.m. before this Honorable Court. 2. Co-Defendant Michael Smith's Sentencing Hearing, originally set for

September 7th at 2:30 p.m., was recently continued by Order of this Court (doc# 1332) pursuant to a request made by the United States Probation Department (doc# 1325).

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Case 1:04-cr-00103-REB

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3.

The Court's Order granting said continuance also called for a telephonic

scheduling conference on July 31, 2007 at 10:00 a.m. to discuss possible reset dates for the Smith (and Schmidt) Sentencing Hearings. 4. After the Lewis and Smith matters were initially set down for sentencing,

their respective counsel discussed the likelihood of calling several of the same witnesses to address the issue of loss. During this dialogue, it was decided that undersigned counsel would seek permission of the Court to conduct these hearings at the same time so as to avoid the inefficiency of calling these witnesses twice at different sentencing hearings. 5. Based on these circumstances, undersigned counsel now requests that the

Lewis Sentencing be reset to the same date and time of the Michael Smith Sentencing. In connection with this request, undersigned counsel would also seek leave to attend and participate in the July 31, 2007 Telephonic Scheduling Conference. 6. Assistant United States Attorney Mathew Kirsch has no objection to this

motion assuming he too would be allowed to call his `loss' witnesses just once in the joint sentencing format. Undersigned counsel and counsel for Michael Smith would not object to the government's reciprocal request. 7. United States Probation Officer Thomas Destito has no objection to the relief

requested in Defendant Lewis' Unopposed Motion to Continue Sentencing Date. Wherefore, based on the above and foregoing, undersigned counsel for the Defendant, Charles Franklin Lewis, respectfully requests that this Honorable Court grant this Unopposed Motion to Continue Sentencing Date and reset the Defendant's

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Sentencing Hearing, currently set for September 7, 2007, to the same date and time of the Michael Smith Sentencing. Furthermore, undersigned counsel would request leave of the Court to attend and participate in the July 31, 2007 Telephonic Scheduling Conference.

Dated this 24th day of July, 2007

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646(phone) (303) 447-0930 (Facsimile) [email protected] Attorney for Charles Lewis

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that I have electronically filed the foregoing Defendant's Unopposed Motion to Continue Sentencing Date on this 24th day of July, 2007 with the Clerk of the Court using the ECF system which will send notification of such filing to the following e-mail addresses:

Matthew Kirsch [email protected] Wyatt B. Angelo [email protected] Peter Bornstein [email protected] Thomas Hammond [email protected] Thomas Goodreid [email protected] Daniel Smith [email protected] Declan O'Donnell [email protected] Mitchell Baker

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[email protected] Richard Kornfeld [email protected] Richard Stuckey [email protected]

s/ Ronald Gainor

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