Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00110-GMS

Document 9

Filed 12/03/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JOSE MANUEL ROA-BELMONTE, Defendant. : : : : : Criminal Action No. 07-110 GMS : : : :

UNOPPOSED MOTION TO CONTINUE SENTENCING The United States, by and through Colm F. Connolly, United States Attorney for the District of Delaware and Douglas E. McCann, Assistant United States Attorney for the District of Delaware, hereby moves for a continuance of sentencing in this matter for about thirty days for the reasons set forth below: 1. The defendant entered a guilty plea on September 14, 2007, to Count I of an

information charging him with a violation of 8 U.S.C. § 1326(a). The Memorandum of Plea Agreement indicated that the maximum period of incarceration faced by the defendant was two years. 2. The pre-sentence investigation has uncovered a prior conviction that may be an

aggravated felony exposing the defendant to a maximum of twenty years imprisonment at sentencing. 3. The government requests a continuance of sentencing for a period of about thirty days

so that the parties and probation may research the issues presented to determine what effect the prior felony has on the validity of the defendant's plea agreement and the appropriate statutory maximum to apply in this case.

Case 1:07-cr-00110-GMS

Document 9

Filed 12/03/2007

Page 2 of 3

4.

Counsel for the defendant does not oppose this request.

Respectfully submitted, COLM F. CONNOLLY United States Attorney

By: /s/ Douglas E. McCann Douglas E. McCann Assistant United States Attorney 1007 Orange Street, Suite 700 Wilmington, Delaware 19801 (302) 573-6277 DATED: December 3, 2007

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Case 1:07-cr-00110-GMS

Document 9

Filed 12/03/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JOSE MANUEL ROA-BELMONTE, Defendant. : : : : : Criminal Action No. 07-110 GMS : : : : ORDER IT IS HEREBY ORDERED this ____ day of December, 2007, that the government's Unopposed Motion to Continue Sentencing is GRANTED. Sentencing is continued in this matter until ________________________, at _____ .m.

____________________________________ HONORABLE GREGORY M. SLEET UNITED STATES DISTRICT JUDGE