Free Motion to Continue - 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 Motion to Continue Sentencing and to Enlarge Time for Filing Objections to Presentence Report

Plaintiff Grace Marie Miller respectfully moves the Court for an order continuing sentencing for a period of thirty days from the time presently set, November 28, 2005, for the reasons set forth in the accompanying memorandum. Defendant further requests that she be given until December 12, 2005 to file objections to the presentence report. 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 has no objection to the relief sought. Respectfully submitted this 21st day of November, 2005

JOE KEILP, P.C. s/ Joe Keilp Joe Keilp Attorney for Grace Marie Miller

Case 2:04-cr-00811-EHC

Document 52

Filed 11/21/2005

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Memorandum
Sentencing is presently set in this matter for November 28, 2005. While the presentence report was being prepared it was learned that the defendant and her husband and codefendant Gene Lee Miller had not filed tax returns for the past three years. Counsel for both defendants immediately arranged for the defendants to engage a certified public accounting firm to prepare their tax returns for the period in question. The task of the accountants has been complicated by the difficulty of locating records needed to complete the returns. During the investigation of this case a search warrant was executed and virtually all records of the defendants and the company they operated were seized. While defendants have obtained copies of the seized records, they had become disorganized and have had to be sorted through, identified and analyzed for their relevance to the returns. The accountants have not been able to complete the returns in the time available. Defendants believe the tax returns are necessary so that the Court may have a complete picture of their financial condition for the purpose of determining sentence. The lack of this information has been noted in the presentence report. In addition, certain allegations appear in the presentence report with respect to the disposition of proceeds from the sale of certain of defendants' assets as their business was failing. Defendants have as yet been unable to locate records necessary to address these allegations. It is necessary to obtain this information from third parties, and this has not yet been accomplished. Accordingly, the defendant respectfully requests that her sentencing be continued for a period of thirty days from November 28, 2005, and that she be given until December 12, 2005 to file objections to the presentence report.

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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.

s/ Joe Keilp Joe Keilp

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CERTIFICATE OF SERVICE

_W_ I hereby certify that on , 200 , 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

_

I hereby certify that

on

,

200

,

I served

the

attached

document

by

___________________________________ (insert service method: mail, courier service, in-person delivery, e-mail) on the following, who are not registered participants of the CM/ECF System:

________________s/_Joe Keilp___________

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