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

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Mark J. Berardoni
State Bar No. 012970 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Amy Anyiele Floyd IN THE UNITED STATES DISTRICT COURT

5 DISTRICT OF ARIZONA 6 ) ) Plaintiff, ) ) 8 v. ) ) 9 Amy Anyiele Floyd, ) ) 10 Defendant. ) 11 ____________________________________) 7 12 United States of America, CR04-0858-PHX-NVW MOTION TO CONTINUE SENTENCING

Defendant, Amy Anyiele Floyd, by and through undersigned counsel, hereby requests this

13 Honorable Court continue the sentencing currently set for Monday, February 13, 2006 at 10:00 a.m. 14 before the Honorable Neil V. Wake, in the above-captioned matter because there is ongoing
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15 gathering of mitigating evidence which will impact the sentencing. Accordingly, a continuance is
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16 appropriate to afford the Defendant the effective assistance of counsel required by the Constitution. 17 Further, Defendant requests that the sentencing be continued for a period of three (3) to six (6) 18 months to allow for the completion of the gathering of mitigating evidence. 19 The Government, by Assistant United States Attorney, Mary Beth Pfister, has been advised

20 of the motion and has no opposition to the continuance. 21 This motion is brought in good faith for the reasons stated and not solely for the purpose of

22 delay. The delay occasioned by the extension, and the reasons therefore, outweigh the interest of the 23 Government, the Defendant, and the Public in a speedy trial. 24 EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) may occur as a result

25 of this motion or from any order based thereon. 26 27 28 Case 2:04-cr-00858-NVW s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Amy Anyiele Floyd Document 29 Filed 02/10/2006 Page 1 of 2 RESPECTFULLY SUBMITTED this 10th day of February, 2006.

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CERTIFICATE OF SERVICE I hereby certify that on February 10, 2006, 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: Honorable Neil V. Wake United States District Judge Sandra Day O'Connor U.S. Courthouse 401 West Washington Street Phoenix, Arizona 85003 Mary Beth Pfister, Esq. Assistant United States Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408

10 Amy Anyiele Floyd 11 By: s/Todd E. Babel 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case 2:04-cr-00858-NVW Document 29 Filed 02/10/2006 Page 2 of 2