Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 119

Filed 09/27/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00048-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. DAN LEHMAN, Defendant.

GOVERNMENT'S MOTION TO CONTINUE SENTENCING

COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and without defense objection or opposition, moves this Honorable Court to continue the sentencing currently set in this matter for October 6, 2006, for at least one month for the following reason: 1. As the court is aware, the defendant has plead guilty pursuant to a plea agreement that contemplates a downward departure to a specific term of months from the otherwise applicable USSG (advisory) sentence. This plea of guilty was tendered pursuant to Fed.R.Crim.P. 11(c)(1)(C), and was based, in part, on a proffer as to what Mr. Lehman's information and assistance would likely be. 2. The parties have not been able to schedule the necessary debriefing for Mr. Lehman to render the consideration necessary before the United States can, in good faith, file a motion with this court for the departure. Therefore, the United States asks for a continuation of at least an additional month for the sentencing.

Case 1:04-cr-00048-WYD

Document 119

Filed 09/27/2006

Page 2 of 3

3. The undersigned Assistant United States Attorney has been called out of town for a family emergency (father recently admitted to a nursing home) and will be out of the office beginning tomorrow morning until Wednesday, October 4, 2006. 4. The law office of Mr. Steinberg has been contacted about its position on this requested continuance. As of the filing of this motion, no reply has been received but it is expected that he would have no objection to the requested relief. Dated this 27th day of September, 2006. Respectfully submitted, TROY A. EID United States Attorney BY: s/ Mark J. Barrett MARK J. BARRETT Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0401 E-mail: [email protected] Attorney for Government

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Case 1:04-cr-00048-WYD

Document 119

Filed 09/27/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 27th day of September, 2006, I electronically filed the foregoing GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE SENTENCING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Harvey Steinberg [email protected]

s/ Cathy Palma CATHY PALMA Legal Assistant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0401 E-mail: [email protected]

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