Free Motion to Continue - District Court of Arizona - Arizona

DANA CARPENTER Attorney at Law 2 3106 N. 16th Street Phoenix, Arizona 85016 3 (602)266-5770 [email protected] 4 State Bar No. 007320
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Attorney for Defendant IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Derrick McCreary (3), et. al., Defendant. No. CR04-0313-PHX-FJM DEFENDANT'S MOTION TO CONTINUE SENTENCING AND RELATED PLEADING DATES

Defendant, Derrick McCreary, by and through undersigned counsel, hereby moves the Court to continue the current sentencing date of November 21, 2005 and the associated presentence investigation report pleading dates for thirty (30) days for the following reasons. The initial disclosure date for the draft presentence report was October 17, 2005. On October 21, 2005 defense counsel received a copy of the draft presentence report which was faxed on October 20, 2005. Objections are due by October 27, 2005. Due to the complexity of some of the issues which may be raised in relation to the presentence report and sentencing procedures in this case, defense counsel is requesting an additional thirty (30) days in order to properly research and address those issues. Assistant United States Attorney Charles Hyder was made aware of the contents of this motion and does not agree to a continuance of the sentencing hearing for the reason that the United States wants the defendant's sentenced as soon as possible in order to continue their investigation of Dominic Austin which may include

Case 2:04-cr-00313-FJM

Document 253

Filed 11/09/2005

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an offer to the sentenced defendant's to cooperate with the United States ongoing investigation of Dominic Austin. The office of co-defendant Jonathan Hunter's lawyer Benjamin Steinberg, advises that Mr. Steinberg is unavailable this week because he is in trial. Wherefore, defendant requests the court enter an order continuing the current sentencing date of November 21, 2005 and the related presentence report pleading date for thirty (30) days. RESPECTFULLY SUBMITTED this 9th day of November, 2005.

s/Dana Carpenter Dana Carpenter Attorney for Defendant

I hereby certify that on November 9th, 2005, I caused the attached document to be 15 electronically transmitted to the Clerk's Office using the CM/ECF system for filing and 16 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
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Charles Hyder Kim Hare Assistant United States Attorney's Tom Crowe Attorney for Dominic Austin Benjamin N. Sternberg Attorney for John Freeman Hunter Stephen C. Kunkle Attorney for Shadiq McNair

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*Copy th the foregoing *mailed of this 9 day of 2 November, 2005, to:
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*Honorable Frederick J. Martone U.S. Courthouse and Federal Building 401 W. Washington Street 5 Phoenix, AZ 85003
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By:

s/Enereida Carranza