Free Motion to Continue - District Court of Arizona - Arizona

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JAMES C. BRADEN State Bar No. 003382 1440 East Washington Street, Ste. 100 Phoenix, Arizona 85034 (602) 253-5159 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 vs. 11 THOMAS EDWARD SMITH, 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ James C. Braden Attorney for the Defendant Thomas Smith Defendant, THOMAS EDWARD SMITH, by and through his undersigned counsel, respectfully moves this Court to enter an Order continuing the presently scheduled sentencing date of August 22, 2005 for approximately forth-five (45) days. This motion is made for the reason that ) ) ) ) ) ) ) ) ) ) No. CR 04-00162-02- PHX-SRB MOTION TO CONTINUE SENTENCING

additional time is needed for the Presentencing Investigative Report to be completed and reviewed by the parties. Richard Mesh, counsel for the Government, has no objection to this motion. U.S. Probation Officer Jon P. Evanko has no objection to this motion. It is expected that excludable delay under Title 18 U.S.C. Section 3161 (h) (1) (I) will occur as a result of this motion or from an order based thereon. RESPECTFULLY SUBMITTED this 15TH day of August , 2003.

Case 2:04-cr-00162-SRB

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COPY of the foregoing mailed/ delivered this 15th day of August , 2005 to: Honorable SUSAN R. BOLTON United States District Judge RIHCARD MESH Assistant United States Attorney 40 N. CENTRAL AVENUE SUITE 1200 PHOENIX AZ 85004-4408

BY

/s/

Case 2:04-cr-00162-SRB

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1 2 3 4 UNITED STATES OF AMERICA, 5 Plaintiff, 6 vs. 7 THOMAS EDWARD SMITH, 8 Defendant. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Filed 08/15/2005 SUSAN R. BOLTON United States District Court Judge ) ) ) ) ) ) ) ) ) ) No. CR 04-00162-002-PHX-SMM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pursuant to the foregoing motion and good cause appearing, IT IS HEREBY ORDERED continuing the sentencing to IT IS FURTHER ORDERED that excludable delay will commence on for a period of ______days under Title 18 U.S.C. Section 3161 (h)(1)(I). DATED this day of , 2005. .

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