Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00142-SLR

Document 19

Filed 03/31/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. KEVIN B. SIRMAN, Defendant.

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Criminal Action No. 07-142-SLR

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Kevin B. Sirman, by and through his attorney, Edson A. Bostic, Federal Public Defender, hereby moves this Court for an Order continuing the sentencing hearing in the instant matter. In support thereof, it is averred as follows: 1. On January 22, 2008, Mr. Sirman pled guilty to a One-Count Information, charging

him with wire fraud, in violation of 18 U.S.C. § 1343. 2. 3. Mr. Sirman is scheduled to be sentenced on April 23, 2008. For mitigation purposes at sentencing, Counsel has retained the services of Forensic

Psychiatrist, Gary N. Glass, M.D., to conduct an evaluation and prepare a report regarding Mr. Sirman's medical and mental health problems. As part of his evaluation, Dr. Glass has requested all of Mr. Sirman's medical records over the last ten years. These records are extensive because Mr. Sirman, who, amongst other things, has undergone gastric bypass surgery and psychological counseling.

Case 1:07-cr-00142-SLR

Document 19

Filed 03/31/2008

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4.

Consequently, not all of the medical records for Mr. Sirman have been received.

Additionally, in speaking with Dr. Glass' office, it has been learned that Dr. Glass will need an additional two weeks after receipt of the records to complete his Report. 5. Accordingly, Counsel is requesting that this Court postpone the sentencing hearing,

in the instant case by approximately 30 days to permit receipt and review of these medical records, as well as completion of Dr. Glass' Report. 6. Counsel has informed the United States Attorney's Office, in particular Christopher

Burke, Esquire, of this request, and the government does not oppose the motion. WHEREFORE, it is respectfully requested that this Court grant the herewithin Motion and enter an Order postponing the sentencing hearing until and after June 3, 2008.1

Respectfully submitted,

/s/ Edson A. Bostic EDSON A. BOSTIC Federal Public Defender Attorney for Kevin B. Sirman One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Dated: March 31, 2008

Counsel expects to be out of the office from May 26, 2008 through June 3, 2008 at the National Seminar for Federal Defenders.

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Case 1:07-cr-00142-SLR

Document 19-2

Filed 03/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. KEVIN B. SIRMAN, Defendant.

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Criminal Action No. 07-142-SLR

ORDER Having considered Defendant's Unopposed Motion For Continuance Of Sentencing Hearing; IT IS HEREBY ORDERED this Defendant Sirman's Sentencing Hearing shall be on the at ______ a.m./p.m. day of day of , 2008, that , 2008,

Honorable Sue L. Robinson United States District Court