Free Motion to Continue - District Court of Arizona - Arizona

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

Defenda nt, Derrick McCreary, by and through undersigned counsel, hereby moves the Court to continue the current sentencing date of November 21, 20 05 and the associated presentence investigation report pleading dates for two weeks for the following reasons. The initial disclosure date for the draft prese ntence report was October 17, 2005. On October 21, 2005 defense counsel received a co py of the draft presentence report which was faxed on October 20, 2005. Objections are due by Octob er 27, 2 005. D ue to the complexity of so me of the issues which may be raised in relation to the presentence report and sentencing pro cedures in this case, d efense counsel is

requesting an additional two weeks in order to properly research and address those issues. Wherefore, defendant reques ts the court enter an orde r continuing the current sentencing date of November 21, 2005 a nd the related pre sentence report plea ding date for two weeks.

Case 2:04-cr-00313-FJM

Document 250

Filed 10/25/2005

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RESPECTFULLY SUBMITTED this

24 th day of October, 2005.

s/Dana C arpenter Dana Carpenter Attorney for D efendant I hereby certify that on October 24th, 2005, I caused the attached document to be electronically transmitted to the Clerk's Office using the CM /ECF sys tem for filing and transmittal of a No tice of Electronic Filing to the following CM/ECF registrants: Charles Hyde r Kim Hare Assistant United States Attorney's Tom Crowe Attorne y for D ominic Austin Benjamin N. Sternbe rg Attorney for John Freeman Hunter Stephen C. Kunk le Attorne y for Sh adiq M cNair

*Copy of the foregoing *mailed this 24th day of October, 2005, to: *Honorable Fre derick J. Marto ne U.S. C ourthouse a nd Federa l Building 401 W. Washington Street Phoenix, AZ 85003

By:

s/Enereida Carranza

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Case 2:04-cr-00313-FJM

Document 250

Filed 10/25/2005

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