Free Motion to Continue - District Court of California - California

Case 3:08-cr-00080-L

Document 13

Filed 03/03/2008

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William W. Brown Bar. No. 159288 BROWN &ASSOCIATES Emerald Plaza Twentieth Floor 402 West Broadway, Suite 2010 San Diego, California 92101-3554 (619) 501-4242; (619) 374-2336 facsimile [email protected] Attorneys for: Lakisha Kinlaw-Capri

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HON. M. JAMES LORENZ) UNITED STATES OF AMERICA, Plaintiff, v. LAKISHA KINLAW-CAPRI , Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 08CR0080-L

JOINT MOTION TO CONTINUE SENTENCING HEARING; SUPPORTING DECLARATION OF COUNSEL Hearing Date: April 21, 2008 Hearing Time: 8:30 AM Courtroom: 14 (5th Flr-MJL)

THE PARTIES JOINTLY MOVE THIS COURT for an order continuing the sentencing hearing in the above-captioned case from April 21, 2008 at 8:30 AM to June 16, 2008 at 8:30 AM. The reasons for the continuance are set forth in the Declaration of Counsel attached hereto.

Date: March 3, 2008.

__s/ William W. Brown__________ William W. Brown, BROWN & ASSOCIATES Attorneys for Lakisha Kinlaw-Capri

Date: March 3, 2008

___s/ David Leshner ASSISTANT UNITED STATES ATTORNEY

JOINT MOTION TO CONTINUE SENTNCING HEARING

U.S.A. VS. KINLAW-CAPRI 08CR0080-L Page 1 of 3 JtMotContSentHrg.dot

Case 3:08-cr-00080-L

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DECLARATION OF COUNSEL IN SUPPORT OF STIPULATION TO CONTINUE SENTENCING HEARING I, William W. Brown, state: 1. I am an attorney at law duly licensed to practice before all of the courts in the State of California, the United States District Court for the Southern District of California, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. I am appointed under the Criminal Justice Act, 18 U.S.C. § 3006A, to represent Lakish Kinlaw-Capri. 2. Ms. Kinlaw-Capri was recently moved to CCA in Otay Mesa. This unexpected move occurred shortly after entering her guilty plea. It also occurred during the middle of coordinating an appointment for her PSR interview with USPO Tina M. Geissler. To properly prepare my client for the interview and to not impinge upon Ms. Geissler's fast approching dictation date, I need additional time and the sentencing date reset. 3. My client is in custody. We have discussed the proposed continuance. There is no objection. I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. Date: March 3, 2008. s/ William W. Brown WILLIAM W. BROWN

JOINT MOTION TO CONTINUE SENTNCING HEARING

U.S.A. VS. KINLAW-CAPRI 08CR0080-L Page 2 of 3 JtMotContSentHrg.dot

Case 3:08-cr-00080-L

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CERTIFICATE OF SERVICE U.S.A. vs. Kinlaw-Capri 08CR0080-L I, the undersigned, hereby certify that a copy of JOINT MOTION TO CONTINUE SENTENCING HEARING was: Deposited with Court Clerk: I, the undersigned, hereby certify that a copy of the above-referenced document(s) was deposited with the Clerk of the United States District Court for the Southern District of California for delivery to Assistant United States Attorney, David Leshner. Personal Service of Copy to AUSA: I, the undersigned, hereby certify that I personally delivered a true copy of the above-referenced document(s) to the receptionist of the Office of the United States Attorney for the Southern District of California for immediate delivery to Assistant United States Attorney, David Leshner. Personal Service of Original to Chambers: I, the undersigned, hereby certify that I personally delivered the original of the above-referenced document(s) to the Chambers of the Honorable M. James Lorenz. Facsimile Service of Courtesy Copy to AUSA: I, the undersigned, caused a facsimile transmission a true copy of the above-referenced document(s) from 619-234-3655 to David Leshner at the Office of the United States Attorney for the Southern District of California, facsimile machine telephone number 619-235-2757. Facsimile Service of Courtesy Copy to Chambers: I, the undersigned, caused a facsimile transmission a true copy of the above-referenced document(s) from 619-234-3655 to the Chambers of the Honorable M. James Lorenz, facsimile machine telephone number . Service by Mail [CivLR5.3]: I, the undersigned, hereby certify that a true copy of the above-referenced document(s) was served upon all counsel of record by postage prepaid, firstclass, United States Postal Service mail to there last known address at: SEE ATTACHED SERVICE LIST. Executed on March 3, 2008, at San Diego, California. s/ William W. Brown

JOINT MOTION TO CONTINUE SENTNCING HEARING

U.S.A. VS. KINLAW-CAPRI 08CR0080-L Page 3 of 3 JtMotContSentHrg.dot