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

1 2 3 4

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

5
DISTRICT OF ARIZONA

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
) ) 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 (First 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 December 29, 2005, and correspondingly to continue his sentencing presently scheduled for January 23, 2006, for a period of thirty (30) days. This motion is made for the following reasons: 1. Mr. Bryan met with the assigned presentence writer, United States Probation

Officer Guillermo Pena, to conduct the vast majority of the presentence interview immediately following Mr. Bryan's change of plea proceeding on October 25, 2005; however, by agreement of the parties, it was decided that the remainder of the interview, including discussion of Mr. Bryan's acceptance of responsibility, would take place during a subsequent telephone conference after Mr. Pena had had an opportunity to assimilate relevant materials relating to the case; 2. On December 12, 2005, Mr. Pena initiated a series of phone messages to and from

undersigned counsel in an effort to schedule the remaining telephonic portion of the presentence interview process. When Mr. Pena and undersigned counsel touched bases on or about December 14, 2005, it was decided that a telephonic interview would be scheduled upon undersigned counsel's return from out-of-state on December 20, 2005. Mr. Pena and undersigned counsel again have traded phone messages since that time with undersigned counsel leaving the most recent

Case 2:03-cr-01269-NVW

Document 219

Filed 12/28/2005

Page 1 of 3

1 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

message for Mr. Pena on December 21, 2005. Given Mr. Pena's customary diligence in returning phone calls, undersigned counsel suspects that Mr. Pena may be out of his office this week between the Christmas and New Year's holidays. Thus, the presentence interview and draft presentence report have not yet been completed through the fault of nobody, particularly owing to the holidays; 3. Initial disclosure of the PSR was due on or before December 19, 2005. Upon

receipt of the draft PSR, it will be necessary for undersigned counsel to mail a copy of same to Mr. Bryan for his review and comments, and then to schedule a telephonic conference with Mr. Bryan to discuss the report before she may finalize and file any objections; 4. As such, owing to the present unavailability 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; and 5. Undersigned counsel has contacted Assistant United States Attorney Paul V. Rood

who has indicated that the government does not object 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 28th day of December, 2005.

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

2
Case 2:03-cr-01269-NVW Document 219 Filed 12/28/2005 Page 2 of 3

1 2 3 4 5 6 7 8

Copy of the foregoing filed/delivered via the CM/ECF system this 28th day of December, 2005 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

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-01269-NVW

3
Document 219 Filed 12/28/2005 Page 3 of 3