Free Motion to Continue Sentencing - District Court of Arizona - Arizona

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Brian F. Russo (018594) Attorney at Law 111 West Monroe Street Suite 1212 Phoenix, AZ 85003 602-340-1133 Attorney for Defendant Johnston IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA STATE OF ARIZONA, Plaintiff, vs. ROBERT J. JOHNSTON, JR., Defendant. ) Case No. CR 03-1167-1-PHX-DGC ) ) MOTION TO CONTINUE ) SENTENCING ) ) ) ) ) ) )

COMES NOW the defendant Robert Johnston, by and through undersigned Counsel and hereby moves this honorable Court for an order continuing the

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sentencing scheduled for October 30, 2006 at 4:00 p.m. for a period of forty five days based on the following reasons. As a result of recent disclosures in the Nevada federal case Counsel needs time to review and determine whether these materials should be presented to the

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Court. Some of the disclosed material is related to Mr. Johnston. Assistant United States Attorney Timothy Duax was unavailable for his position regarding a continuance.

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Case 2:03-cr-01167-DGC

Document 1400

Filed 10/23/2006

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RESPECTFULLY SUBMITTED this 23rd day of October, 2006.

/s/Brian F. Russo Brian F. Russo Attorney for Defendant COPY of the foregoing electronically mailed 23rd day of October, 2006, to: Hon. David G. Campbell Judge the District Court Tim Duax Assistant U.S. Attorney By: /s/

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Case 2:03-cr-01167-DGC

Document 1400

Filed 10/23/2006

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