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

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Kent & Ryan, P.L.C.
45 West Jefferson, Suite 206 Phoenix, Arizona 85003 (602) 277-8888 (Office) (602) 253-3105 (Fax) [email protected] (E-Mail) Candace H. Kent, #013285

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Attorney for the Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Michael D. Smith, ) ) Defendant. ) __________________________________) United States of America, Case No: CR 2004-00677-PHX-FJM MOTION TO CONTINUE SENTENCING

Sentencing Date: January 16, 2007

Comes now Counsel for the Defendant and respectfully requests this Court continue the current Sentencing for 30 days to mid-February. Counsel and the Defendant have had a difficult time attempting to discuss the Presentence Report due to a mix-up with the United States Postal Service which failed to deliver the report to the Defendant's correct address. Additionally, Counsel requires more time to file the appropriate Sentencing Memorandum due to being out of town over the holidays and having a heavy court calendar at the present time. Andrea Gutierrez of the United States Attorney's office does not have any objections with this motion and agrees to re-scheduling this matter to mid-February. Excludable delay under 18 U.S.C. § 3161(h)(1)(F), 3161 (h)(8)(A) and (B)(i)(ii)(iv) may occur as a result of this motion or of an order based thereon.

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Case 2:04-cr-00677-FJM

Document 22

Filed 01/08/2007

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RESPECTFULLY SUBMITTED this 8th day of January, 2007.

Kent & Ryan, P.L.C.
By:

s/ Candace H. Kent
Candace H. Kent 45 West Jefferson, Suite 206 Phoenix, Arizona 85003 Attorneys for the Accused

ELECTRONICALLY FILED on January 8, 2007. COPY of the forgoing Delivered and E-Mailed this 8th day of January, 2007 to: Honorable Frederick J. Martone [email protected] By: s/ Candace H. Kent Candace H. Kent

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Case 2:04-cr-00677-FJM

Document 22

Filed 01/08/2007

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