Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JOHN BOYLE Assistant U.S. Attorney Arizona State Bar No. 015640 Two Renaissance Square 40 North Central Avenue Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America
CR-04-1281-PHX-DGC

Plaintiff, v. Michael Craig Anderson, Defendant. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO CONTINUE SENTENCING

The United States, by and through counsel undersigned, hereby files its opposition to

16 defendant's motion to continue sentencing on the grounds that defendant has not given 17 reasonable grounds for the requested continuance. 18 Defendant seeks to continue sentencing because he is engaged in a civil dispute

19 regarding his business. Even assuming that defendant's representations regarding this civil 20 dispute are accurate, this is not a reason to postpone his sentencing. Defendant pled guilty on 21 March 3, 2006 of this year and at that time knew he would be going into custody to serve a 22 term of imprisonment under the terms of the parties' plea agreement. He has been granted 23 two continuances already. He has had ample time to put his affairs in order. 24 It is unreasonable to expect the Court and the government to wait to sentence

25 defendant until his civil dispute in resolved. That matter could drag on for years. To the 26 extent defendant needs to be able to consult with his civil attorney regarding this dispute, he 27 28 1

Case 2:04-cr-01281-DGC

Document 120

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1 can do that by telephone from prison. He similarly can review any relevant documentation 2 relating to the lawsuit while in custody. 3 For these reasons, the government asks that the court deny defendant's motion to

4 continue sentencing. 5 6 7 8 9 10 11 12 13 14 I hereby certify that on September 25, 2006 15 I electronically transmitted the attached document to the Clerk's Office using the 16 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the 17 following CM/ECF registrants: 18 David Lockhart 19 Attorney for Michael Anderson 20 21 22 23 24 25 26 27 28 2 by: S/ Lea R. Lucy S/ John Boyle JOHN BOYLE Assistant U.S. Attorney Respectfully submitted this 25th day of September, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

Case 2:04-cr-01281-DGC

Document 120

Filed 09/25/2006

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