Free Reply to Response - District Court of Arizona - Arizona

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LAW OFFICE OF DAVID L. LOCKHART
A PROFESSIONAL CORPORATION ATTORNEY and COUNSELLOR at LAW

3216 N. Third Street, 3rd Floor Phoenix, Arizona 85012 [email protected] _____________

(602) 424-6105 Fax (602) 248-2916

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. MICHAEL CRAIG ANDERSON, Defendant. No. CR 04-01281-001-PHX-DGC DEFENDANT MICHAEL ANDERSON'S REPLY TO THE GOVERNMENT'S RESPONSE OBJECTING TO DEFENDANT'S MOTION TO CONTINUE SENTENCING

DEFENDANT MICHAEL CRAIG ANDERSON, by and through undersigned counsel, replies to the government's response objecting to Defendant Anderson's Motion to Continue Sentencing presently scheduled for October 2, 2006 at 1:00 p.m. for the foregoing reasons. It is undersigned's understanding that the government's basis for objecting to Defendant Anderson's Motion to Continue Sentencing is that essentially it is time for this matter to be concluded and that the issues Defendant Anderson is facing regarding the pending and contentious litigation involving his business, Line-X, can be addressed while he is serving his prison sentence. The government's position is simply unreasonable and disingenuous. As this Court is aware, Defendant Anderson's wife, Gina Anderson, is a co-defendant in this matter. Under the terms of Co-defendant Anderson's plea, the government has agreed that she will be

Case 2:04-cr-01281-DGC

Document 123

Filed 09/28/2006

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placed on probation should the Court accept her plea. However, Defendant Anderson will be sentenced to the Bureau of Prisons for a period ranging from 60 to 108 months. Defendant Anderson's Line-X business provides the majority, if not all of the income for the Anderson household. In addition to supporting his wife, Defendant Anderson also has the responsibility of providing among other things, financial support for his step-son, Justin Marks, and two (2) minor daughters, Mallory Anderson and Savannah Anderson, from a previous marriage. Should Mr. Anderson be unable to successfully resolve the litigation involving his company prior to his Sentencing, undersigned has been informed that the family will lose almost everything, including their residence, vehicles and other necessities/amenities. Imposition of sentence upon Defendant Anderson on October 2, 2006 will most certainly eliminate any ability Defendant Anderson has to effectively address the Line-X litigation and preserve the financial stability of his family while he is incarcerated. Indeed, Defendant Anderson's request for a continuance is warranted and necessary. In addition, like counsel for Co-defendant Gina Anderson, undersigned received the first draft of the Pre-sentence Report (hereinafter, "PSR") in an untimely manner. Undersigned informed United States Probation Office Scott Satran that because of the late disclosure of the PSR, undersigned would require additional time to respond and file objections, if any, to the PSR. Undersigned avows that Mr. Satran had no objection to the request for additional time. Further, it is undersigned's understanding that the delay in the disclosure of the draft of the PSR was not occasioned by the intentional or malicious actions of Defendant Anderson. It should be noted that Defendant Anderson is well aware that he is to receive a very lengthy prison sentence when this Court imposes the sentence upon him in this matter. Despite his knowledge that he is to receive a lengthy prison sentence, Defendant Anderson has never attempted to evade his inevitable plight. Further, he has been compliant with all of the Court's Orders regarding his release conditions since his release from custody in December 2004. Quite candidly, he is not a flight risk or a danger to the community. Thus, for the reasons contained herein, Defendant Michael Craig Anderson, by and through undersigned counsel respectfully requests that this Honorable Court grant his Motion to Continue the

LAW OFFICE OF DAVID L. LOCKHART

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Sentencing in this matter presently scheduled for October 2, 2006 at 1:00 p.m. for a period of no less than forty-five (45) days subject to the Court's calendar. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) will not result from this motion or from an order based thereon. RESPECTFULLY SUBMITTED this 28th day of September, 2006.

By

s/ David L. Lockhart David L. Lockhart, Esq. 3216 North Third Street Third Floor Phoenix, AZ 85012 Attorneys for Defendant

LAW OFFICE OF DAVID L. LOCKHART

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CERTIFICATE OF SERVICE I certify that on September 28, 2006, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Clerk of the Court The Honorable David G. Campbell United States District Court Judge 401 W. Washington Phoenix, Arizona 85003 John Z. Boyle, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Mary Beth Pfister, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Patricia A. Gitre, Esq. 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 Attorney for Co-defendant Gina D. Anderson

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