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

1 2 3 4 5 6 7 8

Neal C. Taylor BURNS, NICKERSON & TAYLOR, PLC 3003 N. Central Ave., Suite 310 Phoenix, AZ 85012 (602) 254-0004 Bar #7515 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, ) CR 04-0882-PHX-EHC ) ) ) ) MOTION TO CONTINUE ) SENTENCING ) ) (First Request) ) )

9

Plaintiff,
10

vs.
11 12 13 14 15 16 17 18 19 20 21

Salvador Johnson, Defendant

Defendant, Salvador Johnson, pursuant to Rule 12, Federal Rules of Criminal Procedure and 18 U.S.C. §3161, moves this Court to continue the sentencing that is currently set for May 14, 2007 at 10:30 am in this court. A continuance is necessary as counsel is attempting to obtain a placement for Mr. Johnson. Defense counsel initially contacted Native American Connections for possible placement. Unfortunately, Mr. Johnson does not qualify for placement in the residential program with Native American Connections because he has been "clean and sober" for too long (two years). However, the counselor at Native American Connections, Brianna

22

Fox, referred counsel to several other possible placements for Mr. Johnson. After making
23 24

several telephone calls, it became apparent that additional time is necessary to determine
1

Case 2:04-cr-00882-EHC

Document 119

Filed 05/10/2007

Page 1 of 3

1 2 3 4 5 6

if Mr. Johnson is eligible for placement with another program. Accordingly, it is requested that the Court continue this matter for two-three weeks to allow undersigned counsel to fully investigate and obtain possible placement for Mr. Johnson. The Assistant United States Attorney, Michael Lee, has no objection to this continuance. Excludable delay under 18 U.S.C. §3161(h)(8)(A) will occur as a result of this

7

motion or of an order based thereon.
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
2

RESPECTFULLY SUBMITTED this 10th day of May 2007.

/s/ Neal C. Taylor Neal C. Taylor BURNS, NICKERSON & TAYLOR, PLC

Copies of the foregoing mailed/ ECF/ e-mailed this 10th day of May 2007, to: The Honorable Earl H. Carroll United States District Court 401 West Washington Phoenix, AZ 85003 Michael Lee Assistant U.S. Attorney 40 North Central Ave., Ste. 1200 Phoenix, AZ. 85004 U.S. Probation Officer 401 West Washington Phoenix, AZ 85003

Case 2:04-cr-00882-EHC

Document 119

Filed 05/10/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
3

Julie Roth BURNS, NICKERSON & TAYLOR, PLC

Case 2:04-cr-00882-EHC

Document 119

Filed 05/10/2007

Page 3 of 3