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

GREG CLARK LAW OFFICE OF GREG CLARK 45 W. Jefferson, 14th Fl. Phoenix, Arizona 85003 Telephone (602) 252-1800 State Bar No. 009431 Attorney for Defendant Gene Miller
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

) ) Plaintiff, ) ) v. ) ) Gene Lee Miller, ) ) Defendant. ) __________________________________)

United States of America,

Case No. CR 04-00811-PHX-EHC MOTION TO CONTINUE SENTENCING (Assigned: Hon. Earl H. Carroll) Sentencing Set: 04-03-06, 9:00 a.m.

It is expected that excludable delay under Title 18, United States Code, Section 3161(h)(1)(F), and (I) will occur as a result of this motion or an order based thereon. The Defendant, GENE LEE MILLER, by and through undersigned counsel, respectfully requests this Court to continue the sentencing currently scheduled on April 3, 2006, for the following reason:
Defense counsel is currently in trial in the Maricopa County Superior Court in the capital murder case of State v. Kiles, Case No. CR15444/15577, before the Honorable Kirby Kongable. The Kiles matter began on March 6, 2006 and is expected to conclude within the first week of May, 2006. Additionally, due to the foregoing, undersigned counsel has been unable to review or address the tax issues raised by the U.S. Probation Office and their impact

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on the Sentencing in this case. Therefore, it is respectfully requested that the Miller Sentencing is continued.

Defense counsel has spoken with Richard Mesh of the United State's Attorney's Office, who has indicated that he has no objection to this motion. Defense counsel has also spoken with Joseph Keilp, counsel for co-Defendant, Grace Miller, who also has no objection to this motion. Undersigned counsel certifies that this motion is made in good faith and not for the purpose of unnecessary delay. RESPECTFULLY SUBMITTED this 29th day of March, 2006. LAW OFFICE OF GREG CLARK /s/Greg Clark Attorney for Defendant Miller

ORIGINAL of the foregoing Electronically delivered this 29th day of March, 2006 to: Clerk of the Court United States District Court Sandra Day O'Connor Courthouse 401 W. Washington Phoenix, Arizona 85003 and a copy electronically delivered to: Richard Mesh U.S. Attorney's Office 401 W. Washington Phoenix, Arizona 85003

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Joe Keilp 1440 E. Washington, #100 Phoenix, Arizona 85034 Attorney for Defendant Grace Miller By: /s/ Greg Clark

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CERTIFICATE OF SERVICE
_X__ I hereby certify that on 29th day of March, 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: / s/ Greg Clark Attorney for Defendant Gene Miller _____ I hereby certify that on the 29th day of March, 2006, I served the

attached document by e-mail on the following, who are not registered participants of the CM/ECF System:

/ s/ Greg Clark Attorney for Defendant Gene Miller

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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/ Greg Clark Attorney for Defendant Gene Miller

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