Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JACKI L. IRELAND Assistant U.S. Attorney Arizona State Bar 019144 40 N. Central Ave., Ste. 1200 Phoenix, Arizona 85004 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR 03-1267-PHX-FJM Plaintiff, v. Juan Perez-Robles, Defendant. The United States, by and through undersigned counsel, hereby moves this Court to continue sentencing, currently set for July 14, 2006, and to allow the Government to file additional memoranda regarding the sentence in this case. This case was remanded by the Ninth Circuit Court of Appeals, and this Court requested the parties file memoranda regarding the issues in the case. The Government filed its MOTION TO CONTINUE SENTENCING AND REQUEST FOR LEAVE TO FILE ADDITIONAL MEMORANDUM REGARDING AMELINE REMAND

memorandum on July 6, 2006, and on that same day, the Ninth Circuit issued a new decision in United States v. Beng-Salazar, 2006 WL 1843394 (July 6, 2006). In Beng-Salazar, the Ninth Circuit held that because the defendant objected to a sentencing enhancement at the time of sentencing, based on Blakely v. Washington, 542 U.S. 296 (2004), he had preserved his "Booker challenge to the court's imposition of his sentence using the erstwhile mandatory Guidelines." Beng-Salazar, at *1. The Court vacated his sentence and remanded for resentencing under the advisory Guidelines. Id. Based on this new case, the Government concedes that the defendant is entitled to a full resentencing, and the Government requests an additional five business days in which to respond

Case 2:03-cr-01267-FJM

Document 59

Filed 07/07/2006

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to Defendant's sentencing memorandum in order to address the issue of the 16-level increase in the defendant's sentence. Accordingly, the Government requests this Court continue the sentencing for five business days, as well. Counsel for the Government has contacted Defense Counsel and she does not object to a brief continuance of the sentencing. Respectfully submitted this 7 th day of July, 2006.

PAUL K. CHARLTON United States Attorney District of Arizona S/ Jacki L. Ireland

11 12 13 14 Certificate of Service 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I hereby certify that on this day, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Donna Elm. JACKI L. IRELAND Assistant U.S. Attorney

Case 2:03-cr-01267-FJM

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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 _______________________________________ FREDERICK J. MARTONE United States District Court Judge Dated this _________ day of _______________________________, 2006. v. Juan Perez-Robles, Defendant. Pursuant to the foregoing motion, and good cause appearing: IT IS HEREBY ORDERED granting the Government's Motion to Continue Sentencing and continuing sentencing in this case for five business days. IT IS FURTHER ORDERED granting the Government's Motion for leave to file additional memorandum, and allowing the Government an additional five business days in which to file such memorandum. Excludable delay under 18 U.S.C. § 3161(h)___ ___________________________ for a total of _____ days. is found to commence on ORDER United States of America, Plaintiff, CR 03-1267-PHX-FJM UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:03-cr-01267-FJM

Document 59

Filed 07/07/2006

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