Free Motion to Continue - District Court of Arizona - Arizona

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 Phoenix, Arizona 85003
State Bar No. 004723 Attorney at Law

4 (602) 799-6336 5 6 7 8 9 United States of America, 10 Plaintiff, 11
v. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 04-0895-PHX-MHM MOTION TO CONTINUE SENTENCING Attorney for Defendant

12 John Everett Langford, 13 Defendant. 14 15

The defendant, through undersigned counsel, moves this Court to continue the

16 sentencing in this matter for approximately two to three weeks, for the reasons set forth 17 in the accompanying memorandum. 18
Undersigned has communicated indirectly with the assigned Assistant United

19 States Attorney, Joseph E. Koehler, through his support staff, and he has no objections 20 to this motion for a continuance. Counsel was unable to reach the probation officer 21 assigned to prepare the presentence report, Beth Stewart. 22 RESPECTFULLY SUBMITTED August 23, 2005. 23 24 25 26 27 28
s/Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

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MEMORANDUM Defendant John Langford remains in a residential substance abuse treatment

3 facility in California, pursuant to the permission and order of this Court. Defense 4 counsel was finally able to make a comprehensive review of the presentence report 5 with Langford by telephone and fax machines by the night of August 17, 2005. 6 Thereafter, undersigned counsel prepared and filed a sentencing memorandum and 7 objections to the presentence report at about 6:30 a.m. Friday August 19, 2005. The 8 defendant's memorandum and objections contained objections to factual statements in 9 nine paragraphs, objections to guideline calculations in two paragraphs, and various 10 reasons and requests for leniency or departures. 11
While there had been some preliminary informal discussions between defense

12 counsel and the probation officer, and defense counsel and AUSA Joseph Koehler, 13 about some of the points anticipated to be submitted in the sentencing memorandum 14 prior to that date it was written and filed, there were more objections and the text was 15 longer than anticipated. AUSA Koehler began a trial in district court with the 16 Honorable Roslyn O. Silver presiding, on Thursday August 18, 2005, which recessed 17 at the end of that day; started week-long responsibilities within his section of the office 18 as the "duty attorney" from Friday morning August 19, 2005, through Thursday August 19 25, 2005; his trial resumes Tuesday morning August 23, 2005; and, AUSA Koehler has 20 not had time to review the memorandum filed to discuss it with undersigned counsel or 21 to determine the course of action for the government with or without a response. 22 Sentencing is presently set for Monday August 22, 2005. The defense counsel, 23 probation officer, and prosecutor need more time for possible responses, or resolution 24 of any issues outside of court, before final presentation to this Court. 25 26 27 28 2

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Based on the foregoing, defense requests that a continuance of sentencing be

2 granted for two to three weeks, or as soon thereafter as the court's calendar permits. 3 For scheduling purposes, undersigned would advise the court that he anticipates being 4 in trial in Prescott in a drug conspiracy trial beginning September 20, 2005. 5 6 7 8
s/ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant RESPECTFULLY SUBMITTED August 23, 2005.

9 Copy of the foregoing served by ECF refiling to: August 23, 2005 to: 10 11 Assistant U.S. Attorney Two Renaissance Square 12 40 N. Central Avenue, Suite 1200 13 14
Phoenix, Arizona 85004-4408 and mailed to: Beth R. Stewart Joseph E. Koehler

15 U.S. Probation Office 16 John Everett Langford 17 18 19 20 21 22 23 24 25 26 27 28 3
Defendant

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