Free Motion to Continue Sentencing - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams Street, Ste. 201 3 Phoenix, Arizona 85007 Telephone: (602) 382-2727 4 MILAGROS A. CISNEROS 5 State Bar # 020410 [email protected] 6 Asst. Federal Public Defender Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Bella Ben-Henry, Defendant. United States of America, Plaintiff, No. CR 04-1018-PHX-JAT MOTION TO CONTINUE SENTENCING (Third Request) (Unopposed)

Bella Ben-Henry, through undersigned counsel, respectfully requests that this Court continue her sentencing hearing for 30 days from the current date of August 16, 2006. The reason for this continuance is to allow defense counsel additional time to prepare for sentencing. As undersigned counsel advised the Court and the government previously, additional documentation was needed to present at sentencing. It is still needed. Ms. Ben-Henry was to have collected much of the documentation herself, but she has advised counsel that her health and financial constraints have not permitted her to do so. As the Court is aware, Ms. Ben-Henry suffers from psoriasis. Her breakouts have been so severe recently that she has even had a difficult time walking. As the Court is also aware, Ms. Ben-Henry is presently unemployed, which has made it difficult for her to have access to the financial resources needed to make telephone calls (she does not have a land line at home), send faxes, or make visits. In light of

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1 this, undersigned counsel has advised Ms. Ben-Henry that undersigned counsel and 2 staff from the Office of the Federal Public Defender will now undertake the task of 3 collecting the documentation in order to move forward the sentencing in this case. 4 Undersigned counsel has been preparing for trial and will be in trial the week of 5 August 7, 2006, in United States v. Jimmy Shootinglady, CR 05-399-PCT-MHM. 6 Accordingly, a 30-day continuance from the current sentencing date is requested in 7 order for undersigned counsel to be able to devote adequate time to the collection of 8 the documentation to be submitted on behalf of Ms. Ben-Henry. 9 11 continuance. 12 14 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Undersigned counsel has left a message for U.S. Probation Officer Excludable delay under 18 U.S.C. § 3161(h)(8)(A) and (h)(1)(F) may Respectfully submitted: August 6, 2006. JON M. SANDS Federal Public Defender s/Milagros A. Cisneros MILAGROS A. CISNEROS Asst. Federal Public Defender 13 Carlos Valentín, advising him of the filing of this motion. 15 result from this motion or from an order based thereon. Undersigned counsel has contacted Daniel Drake, the Assistant U.S. 10 Attorney assigned to this case and Mr. Drake has no objection to the requested

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Copy of the foregoing transmitted via 2 ECF this 6th day of August, 2006, to: 3 DAN DRAKE Assistant United States Attorney 4 Two Renaissance Square 40 North Central Avenue 5 Suite 1200 Phoenix, Arizona 85004-4408 6 TIMOTHY C. HOLTZEN 7 245 W. Roosevelt Street Phoenix, Arizona 85003 8 Attorney for Co-Defendant Frederick Marianito 9 JOANNE F. LANDFAIR 331 N. First Avenue, Ste. 103 10 Phoenix, Arizona 85003 Attorney for Co-Defendant Ed Preston 11 Copy mailed to: 12 CARLOS VALENTÍN 13 U.S. Probation 401 W. Washington 14 Phoenix, Arizona 85003 15 BELLA BEN-HENRY Defendant 16 17 s/Milagros A. Cisneros M. Cisneros 18 19 20 21 22 23 24 25 26 27 28 3

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