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

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Law Offices

Joe Keilp, P . C .
1440 East Washington #100 Phoenix, Arizona 85034 (602) 252-0100 Fax (602) 252-0199 Joe Keilp 3356 [email protected]

Attorney for Defendant Grace Marie Miller IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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United States of America, No. CR04­0811­PHX­EHC Plaintiff, vs. Gene Lee Miller and Grace Marie Miller, Defendants (Second Request) Motion to Continue Sentencing and to Enlarge Time for Delivering Financial Information to Probation Office and for Filing Information in Support of Plea Agreement

Plaintiff Grace Marie Miller respectfully moves the Court for an order enlarging the time for delivering financial information to the Probation Office and for the government to file information in support of plea agreement from January 20, 2006 to February 3, 2006, and continuing sentencing for a period of two weeks from the time presently set, February 13, 2006, all for the reasons set forth in the accompanying memorandum. It is not expected that any excludable delay under 18 U.S.C. § 3161, et seq. will result from this motion or the granting of relief thereon. The government joins in this request.

Case 2:04-cr-00811-EHC

Document 62

Filed 01/20/2006

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Memorandum
Sentencing is presently set in this matter for February 13, 2006. On January 3, 2006 defendant appeared for sentencing in this matter, as did her codefendant, Gene Lee Miller. At that time the Court raised questions regarding the plea agreement entered into by the parties, and regarding the loss calculations set forth therein. At that time also, the defendant delivered to the Probation Officer tax returns for the last five years which had recently been received from a certified public accountant and filed by the defendants. The Court continued sentencing to February 13, 2006 and ordered that the government file by January 20, 2006 information supporting the loss calculation contained in the plea agreement, and ordered the defendant to deliver to the Probation Officer by that date financial statements on forms used by the Probation Office. In addition, since the hearing on January 3, the Probation Officer has raised questions regarding a discrepancy between statements allegedly made to him by Gene Lee Miller during presentence interview and information reported on the tax returns. Both the government and the defendant have found it impossible to comply with the January 20 deadline due to the complexity of the issues involved, and join in this request to enlarge that date by two weeks to February 3, 2006. Since granting the relief sought will shorten the time available to the Probation Officer to complete his review of the financial information, defendant and government request that sentencing be continued for a similar period from February 13, 2006, the date presently set.

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Certificate of Counsel
I have personally conferred with Assistant U.S. Attorney Richard Mesh who states that the government has no objection to the relief sought in this motion, and, in fact, joins in this request.

s/ Joe Keilp Joe Keilp

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CERTIFICATE OF SERVICE

_W_ I hereby certify that on January 20 , 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: Richard Mesh, Assistant U.S. Attorney Greg Clark, Attorney for Defendant Gene Lee Miller

W_

I hereby certify that on January 20, 2006, I delivered a courtesy copy of the attached document by e-mail on the following, who are not registered participants of the CM/ECF System: U. S. Probation Officer Darrin Harris, [email protected]

________________s/_Joe Keilp___________

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