Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 114

Filed 07/12/2006

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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 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 Thursday, July 13, 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 a month for the sentencing. Also, the undersigned has contacted the defense about setting up a

Case 1:04-cr-00048-WYD

Document 114

Filed 07/12/2006

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debriefing within the next week or two so that this will hopefully be the last requested continuance of Mr. Lehman's sentencing hearing. 3. 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 12th day of July, 2006. Respectfully submitted, WILLIAM J. LEONE 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 114

Filed 07/12/2006

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 12th day of July, 2006, I electronically filed the foregoing GOVERNMENT'S 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 addresses: 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/ Cathy Palma CATHY PALMA Legal Assistant to 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]

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