Free Motion to Continue - 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. (First Request) Bruce Foy Lowry, Defendant. Bruce Foy Lowry, through undersigned counsel, respectfully moves this United States of America, Plaintiff, No. CR-03-463-PHX-PGR 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 11, 2006, for a period of at least two (2) weeks. The basis for this requested 21 continuance is that undersigned counsel has not had an opportunity to personally 22 review the revised pre-sentence report with the Defendant. The revised pre-sentence 23 24 25 26 28 report is not a carbon copy of the pre-sentence report utilized in Mr. Lowry's original sentencing ­ as in the interim ­ Mr. Lowry suffered a conviction in Maricopa County Superior Court (Paragraph 33) which has been added, however, undersigned counsel

27 believes the matter is still on appeal. Further, undersigned counsel, after reviewing the report with Mr. Lowry may need to file objections and a memorandum for re-sentencing purposes. The

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1 government should have an opportunity to respond to any such filings, therefore, at 2 least a two week continuance is requested. 3 Frederick Battista, Assistant U.S. Attorney, has been contacted and has 4 5 6 7 8 9 10 11 12 13 no objection to this continuance. It is expected that excludable delay occur under Title 18 U.S.C. § 3161(h)(1)(I) may occur as a result of this motion or from an order based thereon. Respectfully submitted: September 6, 2006. JON M. SANDS Federal Public Defender s/Jeanette E. Alvarado JEANETTE E. ALVARADO Asst. Federal Public Defender

Copy of the foregoing transmitted 14 by ECF this 6th day of September, 2006, to: 15 16 CLERK'S OFFICE Court United States District 17 Sandra Day O'Connor Courthouse 401 W. Washington 18 Phoenix, Arizona 85003 19 FREDERICK BATTISTA Assistant U.S. Attorney 20 United States Attorney's Office 21 Two Renaissance Square 40 N. Central Avenue, Suite 1200 22 Phoenix, Arizona 85004-4408 23 Copy delivered to: 24 United States Probation 25 Sandra Day O'Connor Courthouse 401 W. Washington, Suite 160 26 Phoenix, Arizona 85003 27 28
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1 Copy mailed to: 2 BRUCE FOY LOWRY 3 Defendant s/G. Dorsey 4 5 6 7 8 9 10 11 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 95

Filed 09/06/2006

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