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

K I %Z§;¤U ____ LODGED
,____ CEIVED ___ COPY
JUN 1 5 2005
CLERK IJ S DISTRICT COURT
l PAUL K. CHARLTON DISTRICT OF ARIZONA
United States Attomey BY ___ E DEIJUTY
2 District of Arizona `—‘*“*·—-T—T?—2
LISA JENNIS SETTEL
3 Assistant U.S. Attorney
Two Renaissance Square
40 N. Central Avenue, Suite 1200
® 4 Phoenix, Arizona 85004-4408
Telephone 602-514-7500
\ 5 [email protected] `
6
7 UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA fw; T · ’ ev L ··s· _
8 l.vE&Iiil.}
9 United States of America,
CR—04-0965-PHX-SMM
10 Plaintiff,
MOTION TO CONTINUE
1 1 V. SEN TENCING
(UNDER SEAL)
12 Fabian Franco—Saenz,
13
Defendant.
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15 Plaintiff, United States of America, by and through its attorneys, PAUL K.
16 CHARLTON, United States Attorney for the District of Arizona, and Lisa Jennis Settel,
17 Assistant United States Attorney, respectfully moves this court for an Order continuing the
18 sentencing date for defendant Fabian Franco—Saenz. This defendant has entered into a
19 cooperation plea agreement with the government that included testifying against co-
20 conspirators. In addition, his plea agreement states that sentencing may be deferred upon
21 recommendation of the_United States and agreement by this court, for additional periods as it
22 is the intention of the parties that sentencing on the instant charge be postponed until such
23 time as the defendant’s cooperation has been completed. Four co-conspirators have been
24 charged in a new indictment, CR-05-221-PHX-RGS and are set for trial on September 19,
25 2006. The last continuance was unexpected as one of the defendant’s counsel withdrew from
26 federal practice. It is anticipated that this defendant’s testimony will be needed at trial. The
27 United States has contacted defense counsel, Alex Navidad, but has not been able to reach
28 him to get his position. The government requests that the sentencing date for this defendant
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1 be continued for until after the September 19, 2006 trial.
2 The continuance is asked for in good faith and is not being sought for the purposes of
3 delay.
4 Excludable delay under 18 U.S.C. § 3l61(h)_ will occur as a result of this
5 motion or of an order based thereon.
6 Respectfully submitted this Qildiay of June, 2006,
7 PAUL K. CHARLTON
8 B§f§€tS§?E§?-;‘§`§L2m°Y .
10 LISA JENNI SETTEL S
11 Assistant United States Attorney
12 €i]?§@‘§.§$*§?i£.%1E‘5tl§2,tO;
13 Alex Navidad Es .
14 323 West Rooasevglt, Suite 100
Phoenix, AZ 85003
15 Michael Acosta
16 U.S. Probation Officer
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Case 2:04-cr-00965-SMM

Document 18

Filed 06/15/2006

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Case 2:04-cr-00965-SMM

Document 18

Filed 06/15/2006

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