Free Motion to Continue - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Patrick Russell Wayne, ) ) Defendant. ) __________________________ ) Case No. CR 04-938-PHX-SMM

8 United States of America, 9 10 11 12 13 14

MOTION TO CONTINUE SENTENCING

COMES NOW the Defendant, Patrick Russell Wayne, by and

15 through undersigned counsel, and respectfully moves to continue 16 the sentencing presently set for the 3rd day of October, 2005, for 17 approximately 45 days.

Undersigned counsel met with the Defendant

18 to go over the presentence report and based upon that meeting 19 counsel has concluded that some additional investigation and 20 consultation with an expert on Arizona Department of Corrections 21 computations is necessary before counsel can adequately prepare 22 the Defendant's objections to the presentence report. 23

Assistant United States Attorney Michael T. Morrissey

24 has no objection to this request. There are no codefendants. 25 / / / 26 / / / 27 / / / 28 / / /

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Case 2:04-cr-00938-SMM

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Filed 09/28/2005

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Excludable delay under 18 U.S.C. § 3161(h)(8)(B)(iv) is

2 not expected to occur as a result of this Motion or from an order 3 based thereon. 4 5 6 7 8 9 10 11

RESPECTFULLY SUBMITTED this 28th day of September, 2005. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Defendant

CERTIFICATE OF SERVICE

X I hereby certify that on September 28, 2005, I electronically transmitted the attached document to the Clerk's Office using the 12 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 13 Michael T. Morrissey, Esq. 14 ASSISTANT UNITED STATES ATTORNEY
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X I hereby certify that on September 28, 2005, I served the 16 attached document by First Class Mail on the following, who are not registered participants of the CM/ECF System: 17 Justine Kozak 18 U. S. PROBATION OFFICER Sandra Day O'Connor U.S. Courthouse - SPC 7 19 401 West Washington - Suite 160 Phoenix, AZ 85003 20
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S/Philip A. Seplow

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Case 2:04-cr-00938-SMM

Document 19

Filed 09/28/2005

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