Free Order on Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00313-FJM Document 254 Filed 11/10/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) CR 04-313-PHX-FJM ORDER

vs. DERRICK MCCREARY, Defendant.

The court has before it defendant McCreary's motion to continue sentencing and related pleading dates (doc. 253). The defendant claims that he received a copy of the presentence report on October 20, 2005. Sentencing is scheduled for November 21, 2005. The minimum required notice under Rule 32(e)(2) is 35 days. Thus defendant is entitled to a continuance. On the other hand, the government opposes the continuance because it wants the defendant sentenced as soon as possible so that it may continue its investigation into Austin. We can satisfy both parties here by giving the defendant a modest continuance in order to comply with the rules, but at the same time give the government an opportunity to deal with the defendant post-sentencing. Accordingly, IT IS ORDERED GRANTING the defendant's motion to continue the sentencing from November 21, 2005 until December 5, 2005 at 4:00 p.m. (doc. 253). Objections to the presentence report are due no later than November 14, 2005. DATED this 10th day of November, 2005.

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