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

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DANIEL G. KNAUSS United States Attorney District of Arizona Daniel R. Drake Assistant U.S. Attorney Arizona State Bar No. 003781 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-0952-PHX-SMM Plaintiff, v. Tatia Marie Valenzuela, Drina Levette Johnston, Defendants. The United States moves the Court to enter an order continuing the sentencing of Tatia FIFTH MOTION TO CONTINUE SENTENCING

15 Marie Valenzuela and Drina Levette Johnston for approximately two weeks in order to permit 16 additional information to be gathered concerning restitution. Additional time is requested so the 17 information can be assembled, shared with opposing counsel, and presented to the court in a 18 manageable fashion. The requested continuance would also permit adequate time for concluding 19 the briefing process on the objections to the Presentence Reports. 20 Counsel undersigned has spoken with Roger Margolis, attorney for Ms. Valenzuela, and 21 David Fuller, attorney for Ms. Johnston, regarding the potential postponement of sentencing. 22 There is no objection to this requested continuance. 23 Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an 24 order based thereon. 25 /// 26 /// 27 28

Case 2:04-cr-00952-SMM

Document 151

Filed 05/10/2007

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Respectfully submitted this 10th day of May, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Daniel R. Drake

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s/Daniel R. Drake Daniel R. Drake John Evanko United States Probation Officer Mark Nebgen United States Probation Officer I served the attached document by fax on the following person who is not a registered participant of the ECF system: Roger Marolis Attorney at Law David Fuller Attorney at Law I hereby certify that on May 10, 2007, I electronically transmitted the attached 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

DANIEL R. DRAKE Assistant U.S. Attorney

Case 2:04-cr-00952-SMM

Document 151

Filed 05/10/2007

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