Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LARRY W SZALEK State of W isconsin Bar No. 1003722 MARK T. ODULIO District of Maryland Bar No. 26348 Trial Attorneys U.S. Department of Justice Tax Division Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7661

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, CR03-00345-PHX-ROS Joint Motion to Continue Sentencing 1. John J. Rizzo; 2. Carol A. Rizzo; Defendants.

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v.

Plaintiff, United States of America, by and through its counsel of record, Larry J. Wszalek and Mark T. Odulio, Trial Attorneys, Department of Justice, Tax Division, along with defendants JOHN RIZZO and CAROL RIZZO, by and through their counsel Alan

22 23 24 25 set for October 5, 2005 and request the Court to (1) vacate the sentencing hearing set for 26 27 28 October 5, 2005; (2) vacate the deadline for the submission of a joint status report set for
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Caplan, do hereby submit to this court a JOINT MOTION TO CONTINUE SENTENCING. Based on the declarations set herein, the parties stipulate to vacating the sentencing hearing

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September 26, 2005; (3) set a deadline for submission of the joint status report of October 7, 2005; and (4) set the sentencing hearing for October 18, 2005 at 8:30AM. In support of this motion, the parties submit the following: 1. On September 12, 2005, this Court ordered the parties to submit a Joint Status

Report outlining the disputes relative to the question of the defendants' tax loss by September 26, 2005. The Court continued sentencing in this matter to October 5, 2005. 2. On September 13, 2005, the government returned to the defendants computer

evidence seized pursuant to a search warrant. Thereafter, the defendants have been reviewing the evidence and have met with the government on two additional occasions to further facilitate access to seized records. 3. Due to the voluminous nature of the material, the defendants require additional

time to review the records. 4. In addition, after the defendants review the records, the parties require

additional time to confer and draft the Joint Status Report for the Court outlining all of the discrete issues involving the tax loss.

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5.

The additional time is necessary so that the parties can provide a thorough Joint

Status Report to the Court. Based on the forgoing, the parties request that the Court vacate the current

motion deadline of September 26, 2005 and hearing date of October 5, 2005. The parties

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request that the Court set a deadline for the Joint Status Report of October 7, 2005 and a sentencing hearing date of October 18, 2005 at 8:30AM. Respectfully submitted this 22 nd day of September, 2005. /s/ LARRY J. WSZALEK Trial Attorney United States Department of Justice Tax Division /s/ MARK T. ODULIO Trial Attorney United States Department of Justice Tax Division /s/ ALAN P. CAPLAN Attorney for JOHN RIZZO Attorney for CAROL RIZZO

I hereby certify that on September 22, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM /ECF registrants: Alan P. Caplan 630 Carolina St. San Francisco, CA 94107 [email protected]

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1 2 3 4 5 6 7 8 Plaintiff, 9 10 11 12 13 14 15 16 17 18 2005, is VACATED and re-scheduled to 8:30AM on October 18, 2005. 19 20 21 22 23 24 25 26 27 28 4
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR03-00345-PHX-ROS v. 1. John J. Rizzo; 2. Carol A. Rizzo; Defendants. ORDER TO CONTINUE SENTENCING

Upon Motion of the Partes herein, and good cause showing, IT IS HEREBY ORDERED continuing defendant JOHN RIZZO and CAROL RIZZO'S sentencing date as follows: Defendant JOHN RIZZO and CAROL RIZZO'S current sentencing date of October 5,

It is further ORDERED that the parties submit a JOINT STATUS REPORT outlining all issues related to the tax loss by October 7, 2005.

Dated this

day of ____, 2005.

______________________________________ ROSLYN O. SILVER United States District Judge

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