Free Motion to Extend Time - District Court of Arizona - Arizona

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Tonya J. McMath 111 W Monroe Suite 1650 Phoenix, AZ 85003 (602) 254-5544 Attorney for Defendant UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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) ) Plaintiff, ) ) vs. ) ) Paul K. Bryan, ) ) Defendant. ) ____________________________________) UNITED STATES OF AMERICA, No. CR-03-1269-PHX-NVW MOTION TO EXTEND TIME FOR FILING OBJECTIONS TO DRAFT PRESENTENCE REPORT AND CONTINUE SENTENCING (Second Request)

Defendant, Paul K. Bryan, through undersigned counsel, respectfully moves this Court to extend the time for filing his objections to the draft presentence report ("PSR"), presently due to be filed on or before February 9, 2006, and correspondingly to continue his sentencing presently scheduled for March 6, 2006, for a period of thirty (30) days. This motion is made for the following reasons: 1. On January 4, 2006, this Court granted Mr. Bryan's first Motion to Extend Time

for Filing Objections to Draft Presentence Report and Continue Sentencing on the basis that the draft PSR was not yet complete. In large measure, completion of the draft PSR awaited additional communication between Mr. Bryan and the assigned presentence writer, United States Probation Officer Guillermo Pena, regarding the acceptance of responsibility portion of the report. Mr. Bryan provided Mr. Pena with his statement regarding acceptance of responsibility on January 27, 2006; however, despite diligent efforts, Mr. Pena was unable to complete the report by the thenexisting disclosure deadline of January 30, 2006; 2. Disclosure of the draft PSR apparently was made by fax to undersigned counsel on

February 6, 2006; however, undersigned counsel was out of town on that date and first saw the draft PSR on February 7, 2006 ­ two (2) days before the present deadline for filing objections thereto;

Case 2:03-cr-01269-NVW

Document 238

Filed 02/09/2006

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Since receipt of the draft PSR, undersigned counsel has not yet had an opportunity

to review it in depth, much less to review it with Mr. Bryan for his comments and input; 4. As such, owing to the unavoidably tardy disclosure of the draft PSR and

undersigned counsel's inability to discuss it with Mr. Bryan, an extension of time for filing objections and corresponding continuance of the sentencing date will be necessary; 5. Moreover, owing to the complexity of the case, as well as Mr. Bryan's military and

psychiatric background, the draft PSR is comparatively lengthy, requiring additional time to conduct a detailed review and finalize objections; 6. Undersigned counsel will be out of town from February 15, through February 20,

2006, and thus will not be available to begin working on Mr. Bryan's PSR objections until her return to the office on February 21, 2006; and 7. Undersigned counsel has contacted Assistant United States Attorneys Michelle R.

Hamilton-Burns and Paul V. Rood, as well as United States Probation Officer Guillermo Pena, none of whom objects to the requested extension and continuance. Undersigned counsel certifies that the instant motion is made in good faith and not merely for the purpose of delay. Excludable delay under 18 U.S.C. §3161(h)(1)(F) may occur as a result of this motion or an order based thereon. For the foregoing reasons, the Defendant, Paul K. Bryan, respectfully moves this Court to extend the time for filing objections to the draft presentence report, correspondingly to adjust the deadlines for filing responses and the official presentence report, and correspondingly to continue sentencing in the above-captioned matter. Respectfully submitted this 9th day of January, 2006.

By /s/ Tonya J. McMath Tonya J. McMath Attorney for Defendant

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Copy of the foregoing filed/delivered via the CM/ECF system this 9th day of January, 2006 and delivered to the following ECF registered recipients: Michelle R. Hamilton 40 North Central, Ste. 1200 Phoenix, AZ 85004 Paul V. Rood 40 North Central, Ste. 1200 Phoenix, AZ 85004 By /s/ T. McMath

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