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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

PAUL K. CHARLTON United States Attorney District of Arizona HOWARD D. SUKENIC Arizona State Bar No. 011990 GARY M. RESTAINO Arizona State Bar No. 017450 Assistant U.S. Attorneys Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected] [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Leo Richard Driving Hawk, Sr., Defendant. GOVERNMENT'S MOTION TO CONTINUE SENTENCING (Second Request) CR05-744-PHX-ROS

The United States, through counsel undersigned, moves to continue the sentencing in this

18 case, currently scheduled for Monday, April 17, 2006. Defendant agreed, as part of his plea 19 agreement for misprision of felony, to cooperate with the government and provide information 20 and assistance with respect to the government's investigation, and any additional prosecution, 21 into the high-yield investment program operated by U.S. Reservation Bank and Trust 22 ("USRBT") and Global Link Capital Markets, Ltd ("Global Link"). 23 On February 15, 2006, the grand jury returned an indictment against six defendants for their

24 roles in the afore-mentioned investment scheme. The indictment was unsealed on February 23, 25 2006, and assigned to this Court in CR06-181-PHX-ROS. Defendant Leo Driving Hawk's 26 cooperation is not expected to finish until the termination of the proceedings in the new case and 27 accordingly the government moves for an additional six month continuance at this time. 28

Case 2:04-cr-00585-FJM

Document 83

Filed 05/03/2006

Page 1 of 2

1

Undersigned counsel contacted Dana Carpenter, counsel for defendant, in regard to this

2 motion, and Mr. Carpenter has no objection to a continuance. 3 It is expected that excludable delay under 18 U.S.C. Section 3161(h) may occur as a result

4 of this motion or on order based on this motion. 5 6 7 8 9 10 11 12 Respectfully submitted this 27th day of February, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino HOWARD D. SUKENIC GARY M. RESTAINO Assistant U.S. Attorneys CERTIFICATE OF SERVICE

I hereby certify that on this date, 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 13 Filing to the following CM/ECF registrants: Dana Carpenter. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:04-cr-00585-FJM

Document 83

Filed 05/03/2006

Page 2 of 2