Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Michael T. Morrissey Assistant U.S. Attorney Arizona State Bar No. 012531 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-04-938-PHX-SMM Plaintiff, v. Patrick Russell Wayne, Defendant. The United States moves to continue sentencing, currently set for Monday, November 21st, 2005, from that date to December 12, 2005. In support of this motion the government submits that a continuance is necessary because defense counsel on November 14, 2005, filed extensive objections to the Presentence Report; the government needs time to respond to the objections. Having consulted with the office of defense counsel Phillip Seplow, the government can state that defendant does not oppose the requested continuance. Having consulted with Probation MOTION TO CONTINUE SENTENCING

Officer Kozak, the government can state that while Probation could proceed to sentencing as scheduled, Probation agrees that additional time to research the objections is appropriate. It is expected that excludable delay under Title 18 U.S.C. § 3161(h)(1)(I) may occur as a result of this motion or from an order based thereon. Respectfully submitted this 16th day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Michael Morrissey Michael Morrissey Assistant U.S. Attorney

Case 2:04-cr-00938-SMM

Document 23

Filed 11/16/2005

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1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 16th, 2005,
I electronically transmitted the attached

3 document to the Clerk's Office
using the CM/ECF System for filing

4 and transmittal of a Notice of Electronic Filing to the
following CM/ECF registrants:

5
Philip Seplow

6 Law Office of Philip A. Seplow 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 2000 N. 7th Street Phoenix, AZ 85006 [email protected]

Case 2:04-cr-00938-SMM

Document 23

Filed 11/16/2005

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