Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:03-cr-00241-JCH

Document 120

Filed 08/10/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, Plaintiff, -vGARY R. AGNEW, Defendant.

Crim. No. 3:03CR241 (JCH)

August 10, 2005

DEFENDANT AGNEW'S MOTION FOR A STAY OF HIS SURRENDER DATE PENDING RESOLUTION OF HIS MOTION FOR RELEASE PENDING APPEAL The defendant, Gary R. Agnew, respectfully moves the Court, pursuant to Rule 38 of the Federal Rules of Criminal Procedure, for a stay of his surrender date, now scheduled for August 15, 2005, pending (1) this Court's resolution of his pending motion for release pending appeal, and (2) if this Court denies this motion, pending any appeal to the Second Circuit from this denial, and states the following in support. 1. 2. 3. On July 29, 2005, Mr. Agnew filed a Motion for Release Pending Appeal. On August 9, 2005, the government filed its objection to this motion. While the government responded to many of Mr. Agnew's claims, it did not

fully respond to Mr. Agnew's argument regarding the loss calculation. Specifically, while it responded to the "loss mitigation" point, the government did not reply to the argument that under United States v. Futrell, 209 F.3d 1286 (11th Cir. 2000), the loss amount in his case should have been the difference between what he actually received and what he should have

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Case 3:03-cr-00241-JCH

Document 120

Filed 08/10/2005

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received under the law. See Defendant Agnew's Motion for Release Pending Appeal at 15-18. Thus, for this reason and the other reasons discussed in defendant Agnew's motion, there are several issues, which, if the Second Circuit were to rule in Mr. Agnew's favor, would likely result in a reversal of either his conviction or sentencing. Thus, for these reasons, Mr. Agnew respectfully requests that the Court order a stay of his surrender date, so that he remains free on bond pending this Court's determination of his Motion for Release Pending Appeal, and if this Court denies his motion for release pending appeal, so that he remains free on bond pending an appeal of this denial to the Second Circuit. Respectfully submitted,

Joseph W. Martini (ct 07225) Pepe & Hazard LLP 30 Jelliff Lane Southport, CT 06890 (203) 319-4000 (203) 259-0251 fax [email protected]

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Case 3:03-cr-00241-JCH

Document 120

Filed 08/10/2005

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CERTIFICATION I hereby certify that a copy of the foregoing was sent via facsimile and U.S. mail, postage prepaid, this the 10th day of August, 2005 to the following: Maria A. Kahn, Esq. Assistant United States Attorney Office of United States Attorney 157 Church Street, 23rd Floor New Haven, CT 06510 Krishna R. Patel, Esq. Assistant United States Attorney Office of United States Attorney 157 Church Street, 23rd Floor New Haven, CT 06510 Joseph Zampano United States Probation Officer United States District Court 915 Lafayette Boulevard Bridgeport, CT 06604

Joseph W. Martini

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