Free Motion to Continue - 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

United States of America, Plaintiff, v. Gene Lee Miller, Defendant. _______________________________)

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Case No. CR 04-00811-PHX-EHC MOTION TO CONTINUE SENTENCING (Assigned: Hon. Earl H. Carroll) Trial Set: 11-28-05, 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 November 28, 2005, for the following reason: During the presentence interview of the Defendant it was learned that he and his wife had not filed income tax returns for the last three years. Counsel referred the Defendant to an accountant who is in the process of preparing the returns and bringing the Defendant into compliance. Additionally, Mr. Miller is having surgery on November 23, 2005 and will be unable to attend the present court setting.

Case 2:04-cr-00811-EHC

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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. Undersigned counsel certifies that this motion is made in good faith and not for the purpose of unnecessary delay. RESPECTFULLY SUBMITTED this 22ndday of November, 2005. LAW OFFICE OF GREG CLARK _______________s/Greg Clark By Greg Clark Attorney for Defendant ORIGINAL and One copy of the foregoing delivered this 22nd day of November, 2005, to: Clerk of the Court United States District Court Sandra Day O'Connor Courthouse 401 W. Washington Phoenix, Arizona 85003 and a copy delivered/mailed to: Richard Mesh U.S. Attorney's Office 401 W. Washington Phoenix, Arizona 85003 Joe Kelip 1440 E. Washington, #100 Phoenix, Arizona 85034 Attorney for Defendant Grace Miller By___________s/Greg Clark

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CERTIFICATE OF SERVICE
____ I hereby certify that on 22nd , November, 2005, 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:

Greg Clark, Attorney for the Defendant I hereby certify that on 22nd , November, 2005, I served the attached

_____

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

s/ Greg Clark Greg Clark

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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 Greg Clark

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