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

1 LAW OFFICES OF MICHAEL J. BRESNEHAN, P.C. Michael J. Bresnehan, Esquire 2 1761 East McNair Drive, Suite 101 Tempe, AZ 85283-5002 3 480-345-7032 [email protected] 4 State Bar No.: 009415 5 Attorney for Defendant 6 7 8 9 10 11 vs. 12 KINDY JONAGAN, 13 14 15 COMES NOW the defendant, by and through the undersigned attorney, and hereby moves Defendant. United States of America, Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.: CR-04-00820-006-PHX-FJM MOTION TO CONTINUE SENTENCING

16 this Court to continue, for approximately 30 days, the sentencing proceeding scheduled for April 17 18 19 20 21 any sentencing memoranda, all for the reasons set forth in the accompanying memorandum of points and authorities. The government, through Assistant U.S. Attorney, Gary Restaino, has been contacted, and 17, 2006 at 10:00 A.M., and to extend the deadlines for filing any objections to the PSI report and

22 has no objection to the relief sought herein. Moreover, all Rule 32(b) time is waived. 23 24 25 26 27 28 Case 2:04-cr-00820-FJM s/ Michael J. Bresnehan Attorney for Defendant Document 234 Filed 04/03/2006 Page 1 of 2 RESPECTFULLY SUBMITTED this 3rd day of April, 2006 by MICHAEL J. BRESNEHAN, P.C.

1 2 3 4 5 6

MEMORANDUM OF POINTS AND AUTHORITIES The undersigned attorney did not receive the Probation Department's final presentence report until March 21, 2006, only two (2) days before objections to same were due. This is an extremely complex case involving forty-nine (49) counts and over 600,000 pages of discovery. The Probation Department is recommending certain upward departures from the

7 sentencing guidelines based upon facts with which the defendant disagrees. 8 The undersigned attorney needs additional time to review the government's voluminous

9 discovery materials as a predicate to preparing an objection to the PSI report, and a companion 10 11 12 13 14 15 16 17 s/ Michael J. Bresnehan Attorney for Defendant CERTIFICATE OF SERVICE RESPECTFULLY SUBMITTED this 3rd day of April, 2006 by MICHAEL J. BRESNEHAN, P.C. sentencing memorandum.

X I hereby certify that on April 3, 2006, I electronically transmitted the attached document to the 18 Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 19 Gary Restaino, Esq. Craig W. Haraga 20 Assistant U.S. Attorney US Probation Office 21 X I hereby certify that on April 3, 2006, I served the attached document as a courtesy copy by COURIER SERVICE on the following: 22 23 Honorable Frederick J. Martone United States District Judge 24 X I hereby certify that on April 3, 2006, I served the attached document by Mail on the following, 25 who are not registered participants of the CM/ECF System: 26 Kindy Jonagan Defendant 27 28 Case 2:04-cr-00820-FJM s/ Dawn Larsen

Document 234

2Filed 04/03/2006

Page 2 of 2