Free Motion to Continue - District Court of Arizona - Arizona

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DIANE J. HUMETEW A District of Arizona

United States Attorney
RAYMOND K. W OO Assistant U.S. Attorney Two Renaissance Square, Suite 1200 40 North Central Avenue Phoenix, Arizona 85004-4408 Arizona State Bar No. 023050 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR 02-0162-PHX-SRB Plaintiff, v. Juan Mario Cruz-Figueroa, Defendant. GOVERNMENT'S MOTION TO CONTINUE ADMIT/DENY HEARING (First Request)

The United States, through counsel undersigned, respectfully moves this Court to continue the defendant's Admit/Deny Hearing for a period of thirty-days from the current date of July 22, 2008. On July 16, 2008, the defendant filed a sentencing memorandum in CR07-0974 recommending that the Court downward depart based on diminished capacity, and submitting that a sentence "modestly below 41 months is sufficient but not greater than necessary to carry out the purposes of sentencing." Deft's Sentencing Memorandum, Filed on July 16, 2008. The defendant was on supervised release when he committed the present offense, and the parties' plea agreement provides the Court discretion to depart downward 3 or 4 levels pursuant to U.S.S.G. § 5K3.1.
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The probation office is recommending that the Court downward depart 3-

levels and impose a 57 month term of imprisonment.

The parties plea agreement also permits the government to withdraw from the agreement if the defendant requests for any downward departure. The government does not believe a diminished capacity departure is appropriate, but will not withdraw from the plea agreement.

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Case 2:02-cr-00162-SRB

Document 45

Filed 07/21/2008

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The government is seeking additional time in CR07-0974 to respond to the defendant's sentencing recommendation. As such, the government is also requesting that the Court continue the Admit/Deny Hearing for thirty-days. The government has contacted the defendant's attorney, Mr. Kurt Mayer, and has left a message. Mr. Mayer did not have an objection to the government's continuance of the sentencing in CR07-0974. Respectfully submitted this 21st day of July, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona S/Raymond Woo Raymond Woo Assistant U.S. Attorney Certificate of Service I hereby certify that on July 21, 2008, 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: Kurt Mayer and Randy Muncey

Case 2:02-cr-00162-SRB

Document 45

Filed 07/21/2008

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