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

1 LAW OFFICE OF NEIL C. LABARGE 2 3 4 5
Attorney for Defendant Maldonado-Perez NEIL C. LABARGE State Bar No. 13920 11 W . Jefferson St., #2 Phoenix, AZ 85003 (602) 252-4090 FAX (602) 252-2111

6 7 8 9 U.S.A., 10 Plaintiff, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. Comes now defendant, through attorney Neil C. LaBarge, and respectfully requests that the court continue the Sentencing currently set for March 20, 2006 for a period of sixty (60) days. Defendant also requests that the court extend the deadline for notifying the court about defendant's presence at sentencing for thirty (30) days. This motion is based on the following grounds: 1) Defense counsel will be getting married on March 11, 2006 and will be out of the office for several days surrounding that date. 2) Defense counsel needs additional time to research issues related to the sentencing remand, and to discuss the waiver of presence issue, as well as substantive sentencing issues, with defendant. 3) AUSA Gary Restaino has no objection. It is anticipated that excludable delay may occur pursuant to 18 USC 3161(h)(8)(A) as a result of this motion or an order based thereon. Respectfully submitted this date: March 2, 2006. Case 2:03-cr-01064-SMM Document 108 Filed 03/02/2006 Page 1 of 2 BESY A. MALDONADO-PEREZ, v. MOTION TO CONTINUE SENTENCING, AND DEADLINE RE: DEFENDANT'S PRESENCE AT SENTENCING No. CR03-1064-1-PHX-SMM IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

1 LAW OFFICE OF NEIL C. LABARGE 2 3 4 5 6 7 8 Original filed with the following via ECF this date: March 2, 2006. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Filed 03/02/2006 Hon. Stephen M. McNamee 401 W. Washington St. Phoenix, AZ 85003 Gary Restaino, AUSA 40 N. Central Ave., #1200 Phoenix, AZ 85004 Clerk of the Court 401 W. Washington St. Phoenix, AZ 85003 Copies e-mailed to the following on this date: March 2, 2006. Hon. Stephen M. McNamee [email protected] Copies mailed/faxed to the following on this date: March 2, 2006. S/Neil C. LaBarge ________________________________ NEIL C. LABARGE

Case 2:03-cr-01064-SMM

Document 108

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