Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 117

Filed 08/24/2006

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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 SECOND UNOPPOSED MOTION TO CONTINUE SENTENCING FOR AT LEAST ONE MONTH

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 Tuesday, August 29, 2006, for at least one month, for the following reasons: 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 a

Case 1:04-cr-00048-WYD

Document 117

Filed 08/24/2006

Page 2 of 3

month for the sentencing. Also, as importantly, an issue has arisen since the last motion to continue which was unanticipated. 3. As the Court is aware, Assistant United States Attorney Wayne Campbell is

convalescing from very serious surgeries. The undersigned has been assigned one of Mr. Campbell's cases about which there is a meeting scheduled out of town for next Tuesday, August 29th. The undersigned's presence is, if not required, greatly desired by the other participants in that meeting. 4. The law office of Mr. Steinberg has been contacted about its position on this requested continuance and has no objection to the requested relief. Dated this 24th day of August, 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 117

Filed 08/24/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 24th day of August, 2006, I electronically filed the foregoing GOVERNMENT'S SECOND UNOPPOSED MOTION TO CONTINUE SENTENCING FOR AT LEAST ONE MONTH with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Harvey Steinberg [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 indicated: None

s/ Diana Brown DIANA BROWN 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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