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 Thomas Smith IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) )

8 Plaintiff, 9 vs. 10 THOMAS EDWARD SMITH, 11 Defendant. 12 13

No. CR 04-00162-02- PHX-SRB MOTION TO CONTINUE SENTENCING

Defendant, THOMAS EDWARD SMITH, by and through his undersigned counsel, 14 respectfully moves this Court to enter an Order continuing the presently scheduled sentencing date 15 of September 19, 2005. This motion is made for the reason that additional time is needed for 16 undersigned counsel to address any sentencing issues. Due to an error in undersigned's office, the 17 Defendant was not provided a copy of the Presentencing Investigative Report until this date. 18 Undersigned counsel is aware of co-defendant's sentencing scheduled for September 26, 19 2005; however, undersigned will not be available on that date. Also counsel will be out of State and 20 unavailable from October 3, 2005 through October 7, 2005. 21 Additionally, Mr. Mesh, the attorney for the Government will not be available on September 22 19, 2005 and joins in this motion. 23 It is expected that excludable delay under Title 18 U.S.C. Section 3161 (h) (1) (I) will occur 24 as a result of this motion or from an order based thereon. 25 26 27 28 /s/ James C. Braden Attorney for the Defendant Thomas Smith Document 105 Filed 09/13/2005 Page 1 of 2 RESPECTFULLY SUBMITTED this 13TH day of September , 2005.

Case 2:04-cr-00162-SRB

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COPY of the foregoing mailed/ delivered this 13th day of September , 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

Document 105

-2Filed 09/13/2005

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