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

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Gail Gianasi Natale Arizona State Bar #010389 817 North Second Street Phoenix, AZ 85004 602/258-1778 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 s/GAIL GIANASI NATALE Attorney for Jennifer Scott COMES NOW Defendant JENNIFER SCOTT, by and through counsel undersigned, and respectfully moves this court for an Order extending the deadline for the parties to file objections to the Presentence Report (PSR). If necessary, Ms. Scott does v. JENNIFER SCOTT, Defendant. UNITED STATES OF AMERICA, Plaintiff, No. CR 03-1164-15-PHX-PGR MOTION FOR ORDER EXTENDING DEADLINE FOR PRESENTENCE REPORT OBJECTIONS

not object to a brief continuance of her current sentencing date of January 17, 2006. Reasons are explained more fully in the following Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED this 23rd day of December, 2005.

Case 2:03-cr-01164-PGR

Document 355

Filed 12/23/2005

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MEMORANDUM OF POINTS AND AUTHORITIES Objections to Jennifer Scott's PSR are due to be filed with this court on Friday December 23, 2005 but she needs an extension of at least a week. Undersigned counsel timely received a faxed copy of the draft PSR on December 13, 2005. Defendant who lives in Utah. She mailed a copy to the

Once Ms. Scott received the papers

she telephoned the undersigned on Tuesday, December 20, while the undersigned was in court. Since that date Ms. Scott and counsel

have been playing phone tag. Before counsel can comment on (or object to) the PSR she must review the document with the Defendant and then must spend some time preparing her objections--if any. If necessary Ms. Scott does not object to a brief continuance of her sentencing date, now scheduled for January 17, 2006. Timothy Duax, who represents the government in this matter, does not object to this motion which is made in the interest of justice and is not interposed for delay. Excludable delay under 18 U.S.C. § 3161(h)(1)(F) and 8(A) may occur as a result of this motion or from an Order based thereon. RESPECTFULLY SUBMITTED this 23rd day of December, 2005.

s/GAIL GIANASI NATALE Attorney for Jennifer Scott

Case 2:03-cr-01164-PGR

Document 355 2 Filed 12/23/2005

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I hereby certify that on December 23, 2005, 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:

Timothy D. Duax Assistant U.S. Attorney Informational copy to: Mark Nebgen [email protected]]
I hereby certify that on December 23, 2005, I served the attached document by mail on the following who are not registered participants of the CM/ECF System:

Jennifer Scott 630 N. 420 West Lehi, UT 84043 s/Gail Gianasi Natale

Case 2:03-cr-01164-PGR

Document 355 3 Filed 12/23/2005

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