Free Motion to Continue - District Court of Arizona - Arizona

Cameron A. Morgan, Esq.

4295 North 75th Street Scottsdale, Arizona 85251 480-990-9507 Telephone 480-990-9509 Facsimile e-mail: [email protected] Arizona State Bar No. 006709
Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) vs. ) ) ANDREW TAYLOR, ) ) Defendant. ) __________________________________________)

NO: CR04-0809-PHX-NVW MOTION TO CONTINUE SENTENCING AND EXTEND TIME TO FILE MOTION FOR DOWNWARD DEPARTURE AND OBJECTIONS

Defendant, Andrew Taylor, by and through counsel undersigned, respectfully requests that the court continue the sentencing scheduled in this matter for Monday October 3, 2005 for a period of 60 days. Counsel received a fax copy of the presentence report on September 9, 2005 and provided a copy to the defendant. Based on review of the report and the responses of the defendant counsel requests thirty additional days in which to submit his objections to the pre-sentence report and any motion for downward departure. This request is made for the reason that there are several issues that Defendant that may affect the offense level and criminal history category. Specifically, it appears that the restitution/loss amounts are at issue, the defendant is being assessed 3 criminal history points for an uncounseled prior felony conviction without a valid waiver and a misdemeanor worth 1 criminal history point may excluded under 4A1.2(c)(1). The defendant is also disputing several

Case 2:04-cr-00809-NVW

Document 97

Filed 09/23/2005

Page 1 of 2

matters set forth in the Other Criminal Conduct section of the presentence report. In addition, the defendant submits that the financial data does not accurately reflect his current financial circumstances and needs time to obtain and submit documents from his bankruptcy case. Counsel anticipates that the Government and Probation will want to respond to his objections. Counsel has discussed this continuance and extension with A.U.S.A. John Lopez and with U.S. Adult Probation Officer Shelley Gonshak-Peters who have stated they do not oppose a continuance in this matter. Counsel avows that this motion is made in good faith and not for purpose of delay. DATED this 23rd day of September, 2005. /s/ Cameron A. Morgan Cameron A. Morgan Attorney for Defendant

COPY of the foregoing electronically mailed this 23rd day of September, 2005, to: Honorable N. V. Wake U.S. District Court [email protected] John Lopez Assistant United States Attorney [email protected] AND MAILED this 23rd day of September, 2005, to: Shelley Gonshak-Peters U.S. Probation Office 401 W. Washington St., SPC 7, Ste. 160 Phoenix, AZ 85003-2119

BY: /s/ Dawn-Marie Kenney

2 Case 2:04-cr-00809-NVW Document 97 Filed 09/23/2005 Page 2 of 2