Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00137-JJF

Document 37

Filed 08/26/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELWARE UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY GRAY, Defendant, MOTION FOR CONTINUANCE OF SENTENCING Defendant, Jeffrey Gray, through undersigned counsel, Joseph A. Gabay, hereby moves this Honorable Court for an order re-scheduling the September 4, 2008 sentencing. The defense submits the following in support thereof: 1. 2008; 2. Defense counsel will be in San Diego that day. He is scheduled to speak before a section of the ACFEI National Conference on September 5, 2008 ("Providing Effective Testimony ­ Lessons Learned from the Defense"); 3. Accordingly defense counsel is not available on the scheduled date and respectfully seeks a continuance; 4. Mr. Gray has been advised that this request was being submitted and had no opposition to the request; 5. Report; Counsel also discussed this with Mr. Matthews who is preparing the Pre-Sentence The sentencing in this matter is currently scheduled for Thursday, September 4, Criminal Action No. 07-137-JJF

6. Defense counsel has spoken to AUSA Ileana Eisenstein, the attorney handling this case for the government. Ms. Eisenstein does not oppose the defendant's request for a continuance. 1

Case 1:07-cr-00137-JJF

Document 37

Filed 08/26/2008

Page 2 of 3

WHEREFORE, the defense respectfully requests that the Court re-schedule the sentencing currently set for September 4, 2008. Respectfully submitted,

/s/Joseph A. Gabay Joseph A. Gabay, Esquire 901 N. Market St Suite 840 Wilmington, DE 19801 Attorney for Defendant Jeffrey Gray DATED: August 26, 2008

2

Case 1:07-cr-00137-JJF

Document 37

Filed 08/26/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA Plaintiff, v. JEFFREY GRAY, Defendant CERTIFICATE OF SERVICE The undersigned attorney for defendant Jeffrey Gray hereby certifies that a copy of Defendant's Motion for Continuation of Trial is available for public viewing and downloading and was electronically delivered on August 26, 2008, to: Ilana Eisenstein, Esquire Assistant U.S. Attorney United States Attorney's Office 1007 Orange Street, Suite 700 Wilmington, DE 19801 Criminal Action No. 07-137-JJF

/s/ Joseph A. Gabay Joseph A. Gabay, Esquire 901 N. Market Street Suite 840 Wilmington, DE 19801 Attorney for Defendant Jeffrey Gray

3

Case 1:07-cr-00137-JJF

Document 37-2

Filed 08/26/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELWARE UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY GRAY, Defendant, ORDER Criminal Action No. 07-137-JJF

The foregoing Motion to Continue the Sentencing Date, having been received and considered, IT IS HEREBY ORDERED that: 1. The application to continue the sentencing date of September 4, 2008 is GRANTED; 2. A new sentencing date will be established. SO ORDERED THIS _____ day of August, 2008.

___________________________ Hon. Joseph J. Farnan

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE 1

Case 1:07-cr-00137-JJF

Document 37-2

Filed 08/26/2008

Page 2 of 2

UNITED STATES OF AMERICA Plaintiff, v. JEFFREY GRAY, Defendant CERTIFICATE OF SERVICE The undersigned attorney for defendant Jeffrey Gray hereby certifies that a copy of the proposed form of Order to Defendant's Motion to Continue the Trial Date is available for public viewing and downloading and was electronically delivered on April 7, 2008, to: Ilana Eisenstein, Esquire Assistant U.S. Attorney United States Attorney's Office 1007 Orange Street, Suite 700 Wilmington, DE 19801 Criminal Action No. 07-137-JJF

/s/ Joseph A. Gabay Joseph A. Gabay, Esquire 901 N. Market Street Suite 840 Wilmington, DE 19801 Attorney for Defendant Jeffrey Gray

2

Case 1:07-cr-00137-JJF

Document 37-3

Filed 08/26/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELWARE UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY GRAY, Defendant, MOTION FOR CONTINUANCE OF SENTENCING Defendant, Jeffrey Gray, through undersigned counsel, Joseph A. Gabay, hereby moves this Honorable Court for an order re-scheduling the September 4, 2008 sentencing. The defense submits the following in support thereof: 1. 2008; 2. Defense counsel will be in San Diego that day. He is scheduled to speak before a section of the ACFEI National Conference on September 5, 2008 ("Providing Effective Testimony ­ Lessons Learned from the Defense"); 3. Accordingly defense counsel is not available on the scheduled date and respectfully seeks a continuance; 4. Mr. Gray has been advised that this request was being submitted and had no opposition to the request; 5. Report; Counsel also discussed this with Mr. Matthews who is preparing the Pre-Sentence The sentencing in this matter is currently scheduled for Thursday, September 4, Criminal Action No. 07-137-JJF

6. Defense counsel has spoken to AUSA Ileana Eisenstein, the attorney handling this case for the government. Ms. Eisenstein does not oppose the defendant's request for a continuance. 1

Case 1:07-cr-00137-JJF

Document 37-3

Filed 08/26/2008

Page 2 of 3

WHEREFORE, the defense respectfully requests that the Court re-schedule the sentencing currently set for September 4, 2008. Respectfully submitted,

/s/Joseph A. Gabay Joseph A. Gabay, Esquire 901 N. Market St Suite 840 Wilmington, DE 19801 Attorney for Defendant Jeffrey Gray DATED: August 26, 2008

2

Case 1:07-cr-00137-JJF

Document 37-3

Filed 08/26/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA Plaintiff, v. JEFFREY GRAY, Defendant CERTIFICATE OF SERVICE The undersigned attorney for defendant Jeffrey Gray hereby certifies that a copy of Defendant's Motion for Continuation of Trial is available for public viewing and downloading and was electronically delivered on August 26, 2008, to: Ilana Eisenstein, Esquire Assistant U.S. Attorney United States Attorney's Office 1007 Orange Street, Suite 700 Wilmington, DE 19801 Criminal Action No. 07-137-JJF

/s/ Joseph A. Gabay Joseph A. Gabay, Esquire 901 N. Market Street Suite 840 Wilmington, DE 19801 Attorney for Defendant Jeffrey Gray

3