Free Motion to Continue - District Court of Arizona - Arizona

1 Carmen L. Fischer Attorney at Law 2 SBN #009975
Luhrs Tower - Suite 403

3 45 West Jefferson Street
Phoenix, AZ 85003-2314

4 (602) 252-1282 5 Attorney for Defendant 6 7 8 UNITED STATES OF AMERICA, 9 10

UNITED STATES OF AMERICA DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) CR04-162-PHX-SRB MOTION TO CONTINUE SENTENCING

Plaintiff, v.

11 JOSEPH PATRICK SMITH, III, 12 13 14

Defendant.

Joseph Patrick Smith, IIII moves this court to continue his sentencing currently for August 22,

15 2005 to permit counsel sufficient time to fully brief the sentencing issues for the court. Counsel for 16 Mr. Smith has been out of the country for nearly three weeks. Coincidentally, counsel for the 17 government was also out of the country for the same time period. 18

Counsel would like to file sentencing memorandums. However, at this date those would be

19 tardy and hurriedly prepared. Thus, Mr. Smith moves the court to continue the sentencing until 20 September 26, 2005 or October 3, 2005. The parties are aware that Mr. Smith's co-defendant's 21 sentencing was reset to the 19th of September. However, the prosecutor is unavailable on that date. 22 23

The prosecutor does not oppose this motion. It is expected that excludable delay under Title 18, U.S.C. Section 3161(h)(1)(F) may occur

24 as a result of this motion or from the order based thereon. 25 26 27 28
Carmen L. Fischer Luhrs Tower, Suite 403 45 W. Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

Respectfully submitted this 18th day of August, 2005. _________/s/________________ CARMEN L. FISCHER Attorney for Joseph Patrick Smith, III

Case 2:04-cr-00162-SRB

Document 101 1 Filed 08/18/2005

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