Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00048-WYD

Document 109

Filed 04/25/2006

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

MOTION TO CONTINUE SENTENCING

Comes now the United States of America, by and through William J. Leone, United States Attorney for the District of Colorado and the undersigned Assistant United States Attorney and hereby files its Motion to Continue Sentencing from May 11, 2006 to 60 days in the future, as follows: 1. The undersigned needs to travel to the Midwest to pick up his daughters from college the

week of May 8, 2005. The undersigned anticipates being on the road on May 11, 2006 (the current date set for sentencing), and because this case has such an extensive and intricate history, it would be unfair to ask another prosecutor to "stand in" at sentencing. 2. Furthermore, the parties are committed to having Mr. Lehman debrief for safety valve

purposes and to render consideration for the anticipated and agreed motion pursuant to 5K1.1, but this has not taken place yet. Because of the schedules of the lawyers (the undersigned is in a week long trial before Judge Figa, commencing April 24) it is highly unlikely that said debriefing

Case 1:04-cr-00048-WYD

Document 109

Filed 04/25/2006

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can take place in time to file the motion one week in advance of the sentencing, as is this Honorable Court's requirement. 3. The Office for the Counsel for the defense, Mr. Harvey Steinberg, has been contacted by

the undersigned and has no objection to the requested continuance. Wherefore, the United States respectfully requests to continue the May 11, 2006 sentencing date for at least 60 days to a date and time convenient to the Court. 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 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0401 [email protected] Attorney for Government

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Case 1:04-cr-00048-WYD

Document 109

Filed 04/25/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 25th day of April, 2006, I electronically filed the foregoing 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 address: Harvey Steinberg [email protected]

s/Joyce Hegge JOYCE HEGGE United States Attorney's Office Legal Assistant to Mark Barrett U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: 303-454-0100 Fax: 303-454-0401 E-mail: [email protected]

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