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

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 W. Adams, Suite 201 Phoenix, Arizona 85007 4 Telephone: (602) 382-2721 Facsimile: (602) 382-2800 5 JEANETTE E. ALVARADO, #016111 6 Asst. Federal Public Defender Attorney for Defendant 7 [email protected] 8 9 10 11 12 13 14 15 16 17 18 vs. (Second Request) Bruce Foy Lowry, Defendant. Bruce Foy Lowry, through undersigned counsel, respectfully moves this United States of America, Plaintiff, No. CR-03-463-PHX-DGC MOTION TO CONTINUE RE-SENTENCING IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

19 Court for an order continuing the re-sentencing in the above matter from September 20 25, 2006, for a period of at least thirty (30) days, for the following reasons: 21 (1) Undersigned counsel was able to review the final revised pre-sentence 22 report with Mr. Lowry on Monday, September 18, 2006. 23 (2) Based upon that review, counsel submitted Objections to the Pre24 Sentence Report on September 19, 2006, to which both the U.S. Probation 25 Department and Assistant U.S. Attorney, Fred Battista, should have an opportunity 26 27 to respond. And, conducting the hearing on September 25, 2006 does not leave 28 adequate time for the parties' responses and the Court's review.

Case 2:03-cr-00463-DGC

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Undersigned counsel has been notified that Mr. Lowry's mother, Ella

2 Wallmark, who is in her 70s and resides in Center Point, Texas, has approximately 3 20-30 pages of mitigating materials (including recommendations, certificates, 4 5 6 7 commendations, achievement awards, letters from guards and family) to be used at Mr. Lowry's sentencing. Undersigned counsel has been advised she would receive those documents by Thursday, September 21, 2006. The earliest undersigned counsel

8 could submit the documents to all parties would be Friday, September 22, 2006, and 9 that would give insufficient time for either U.S. Probation or the U.S. Attorney's 10 Office to comment on the materials, or for the Court to review them. 11 12 13 14 15 Assistant U.S. Attorney Fred Battista has no objection to the matter being continued for a period of thirty (30) days. He would, however, object to any further continuances. It is expected that excludable delay occur under Title 18 U.S.C. §

16 3161(h)(1)(I) will occur as a result of this motion or from an order based thereon. Respectfully submitted: September 20, 2006. 17 18 19 20 21 22 JON M. SANDS Federal Public Defender s/Jeanette E. Alvarado JEANETTE E. ALVARADO Asst. Federal Public Defender

Copy of the foregoing transmitted 23 by ECF this 20th day of September, 2006, to: 24 25 CLERK'S OFFICE Court United States District 26 Sandra Day O'Connor Courthouse 401 W. Washington 27 Phoenix, Arizona 85003 28
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1 FREDERICK BATTISTA Assistant U.S. Attorney 2 United States Attorney's Office 3 Two Renaissance Square 40 N. Central Avenue, Suite 1200 4 Phoenix, Arizona 85004-4408 5 Copy delivered to: 6 United States Probation Sandra Day O'Connor Courthouse 7 401 W. Washington, Suite 160 8 Phoenix, Arizona 85003 9 Copy mailed to: 10 BRUCE FOY LOWRY Defendant 11 s/Gabrielle Dorsey 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:03-cr-00463-DGC

Document 98

Filed 09/20/2006

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