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

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Case 2:03-cr-01064-SMM Document 110 Filed 03/08/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Besy Arely Maldonado-Perez, Defendant.

) No. CR-03-01064-PHX-SMM ) ) ) ) ) ) ) ) ORDER ) ) )

Pending before the Court is defendant Besy Arely Maldonado-Perez's Motion to Continue Sentencing. (Dkt. 108.) Defendant requests the Court continue re-sentencing currently scheduled for March 20, 2006, on the grounds that defense counsel needs more time to research issues related to the re-sentencing and to confer with Defendant regarding substantive and procedural issues related to re-sentencing. Counsel for the Government has no objection to this request. For good cause shown, IT IS HEREBY ORDERED that Defendant shall be re-sentenced on Monday, May 22, 2006 at 11:00 a.m. in Courtroom No. 605. IT IS FURTHER ORDERED that, no later than April 12, 2006, counsel for Defendant shall advise the Court whether (i) Defendant waives her presence at re-sentencing and would like to appear instead by video conference or telephonically; or (ii) Defendant elects to be present at re-sentencing. If Defendant elects to waive presence, counsel for Defendant shall file and serve an appropriate form of waiver on this same date.

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IT IS FURTHER ORDERED that, no later than twelve (12) calendar days before re-sentencing, counsel for both parties shall submit briefs addressing the process the Court must follow in re-sentencing Defendant under the now-advisory Guidelines and in accordance with United States v. Booker, 543 U.S. 220 (2005), and United States v. Kortgaard, 425 F.3d 602, 610-11 (9th Cir. 2005). IT IS FURTHER ORDERED that, no later than March 10, 2006, the United States Probation Office shall forward copies of the complete Presentence Report submitted in preparation for Defendant's original sentencing to (i) the Court; (ii) counsel for the Defendant; and (iii) counsel for the Government. IT IS FURTHER ORDERED that a copy of this Order shall be provided to Linda Coyle, United States Probation Office. DATED this 3rd day of March, 2006.

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