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

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 Attorney for Defendant

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UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA Plaintiff, vs. SHEILA M. ISABELL, et al., Defendant ) ) ) ) ) ) ) ) Case No.: CR 03-1082-001-PHX-MHM

MOTION TO CONTINUE SENTENCING

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue sentencing currently scheduled for June 11, 2007, for a period of approximately 30 days in order to accommodate the transportation of the defendant to the District of Arizona pursuant to 18 USC § 4285. A Motion to Provide Expenses for Transportation has been filed and an Order has been issued. However, the Marshall's office in Ohio is wanting to transport Ms. Isabell by bus. Ms. Isabell suffers from back pain and is not able to sit on a bus for any length of time. Counsel was awaiting medical confirmation of this problem from Ms. Isabell's doctor, a Doctor Gabis, but apparently counsel failed to communicate adequately to Dr. Gabis' staff the urgency with which counsel needed that confirmation, and that office (in Ohio) is now closed for the weekend. Should counsel receive the letter from Dr. Gabis over the weekend or Monday morning, counsel will immediately provide it to the Court. Nevertheless, counsel is requesting a 30 day continuance to permit time for counsel to resolve with the Marshall's office the manner of Ms. Isabell's travel and to allow Ms. Isabell to get her funds together to pay for airline transportation for her return home

Case 2:03-cr-01082-MHM

Document 88

Filed 06/08/2007

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after sentencing.
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Counsel has spoken with John Lopez, Assistant United States Attorney assigned to this
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matter, and has explained the situation to him. Counsel has been authorized by Mr. Lopez to
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state that the government does not oppose this motion. Counsel would therefore move the
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Court to continue this matter to a time convenient to Court and counsel and which will
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provide enough time to accomplish transportation of Ms. Isabell.
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Excludable delay pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) will occur as a result
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of this motion.
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RESPECTFULLY SUBMITTED this 8th day of June, 2007.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 8th day of June, 2007, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

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Case 2:03-cr-01082-MHM

Document 88

Filed 06/08/2007

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