Free Motion to Continue - District Court of Arizona - Arizona

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G EORGE F. K LINK
45 West Jefferson Luhrs Tower - Suite #810 Phoenix, AZ 85003-2328 (602) 253-3889 State Bar #004057 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ____________________________________ ) United States of America, ) No. CR 04-00276-002-PHX-SMM ) Plaintiff, ) ) v. ) MOTION TO CONTINUE ) SENTENCING Suzanne Lisa Prather, ) ) Defendant. ) (Second Request) ____________________________________) Defendant, Suzanne Lisa Prather, by and through counsel undersigned, hereby moves this Court for a continuance of the sentencing presently scheduled for September 12, 2005, for the following reason: 1. A co-defendant is scheduled for trial on October 4, 2005. The Defendant's sentence will be impacted by that trial. Consequently, in order to provide for a fair sentence consistent with the sentences and outcomes for all co-defendants, it is appropriate to continue sentencing herein until after the trial of the co-defendant. 2. Although Defendant has no 5K1.1 agreements, she is cooperating with the government and has been advised that the government will call her as a witness in the upcoming trial and her cooperation will impact the government's sentencing recommendation. For the reason above stated, the Defendant urges a continuance of 60 days. The Assistant United States Attorney, Richard Mesh, does not oppose this request. Respectfully submitted this 1st day of September, 2005.

By:

s/ George F. Klink Attorney for Defendant

Case 2:04-cr-00276-SMM

Document 181

Filed 09/01/2005

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1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 -2By: s/ Susan L. West I hereby certify that on September 1, 2005, 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 Filing to the following CM/ECF registrants: Hon. Stephen M. McNamee United States District Court 401 West Washington Street Phoenix, AZ 85003 [email protected] Mr. Richard Mesh Assistant United States Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, AZ 85004 Shawn T. Shear Senior United States Probation Officer 401 West Washington Street, SPC 7, Suite 160 Phoenix, AZ 85003-2119

Case 2:04-cr-00276-SMM

Document 181

Filed 09/01/2005

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