Free Motion to Continue - District Court of California - California

Case 3:07-cr-03443-CAB

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Filed 02/19/2008

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CHARLES G. LA BELLA (SBN 183448) TERESA M. GILLIS (SBN 211056) LA BELLA & MCNAMARA LLP 401 West "A" Street, Suite 1150 San Diego, California 92101 Tel: (619) 696-9200 Fax: (619) 696-9269 Attorneys for Defendant Wagner Construction J.V.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, vs. WAGNER CONSTRUCTION J.V., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 07CR3443

DECLARATION OF CHARLES G. LA BELLA IN SUPPORT OF JOINT MOTION TO CONTINUE DEFENDANT'S SENTENCING Judge: Hon. Cathy Ann Bencivengo Current Sentencing Date: February 26, 2008 Proposed Sentencing Date: March 25, 2008

I, Charles La Bella, declare as follows: 1. I am a partner with the law firm of La Bella & McNamara, LLP, counsel of

record for Defendant Wagner Construction, J.V. ("Defendant") in the above-captioned proceeding. I make this declaration in support of a joint motion to continue Defendant's Sentencing to March 25, 2008 at 9:30 a.m. or a time thereafter consistent with the Court's calendar and convenience. I have personal knowledge of the facts contained herein. 2. Defendant's Sentencing Hearing is currently scheduled for February 26, 2008

at 9:30 a.m. before the Honorable Cathy Ann Bencivengo. 3. At the time the plea was entered, I alerted the Court to the fact that before

sentencing, Wagner Construction, J.V. would attempt to resolve certain collateral 1

07cr3443 Declaration of Charles G. La Bella in Support of Joint Motion to Continue Sentencing

Case 3:07-cr-03443-CAB

Document 8-2

Filed 02/19/2008

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consequences that will flow from the entry of this plea with the United States Environmental Protection Agency ("EPA"). Since the entry of the plea I have been in contact with EPA representatives on several occasions and have made substantial progress in these efforts. I anticipate that it will require at least another 28 days to fully resolve these issues. For that reason, Wagner Construction, J.V., is requesting this continuance. 4. I have spoken to Melanie Pierson, the Assistant United States Attorney in

charge of this matter, and she has consented to the requested continuance.

Dated: February 19, 2008

LA BELLA & MCNAMARA, LLP Charles G. La Bella Teresa M. Gillis

By:

/s/ Charles G. La Bella Charles G. La Bella Attorney for Defendant Wagner Construction, J.V. Email: [email protected]

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07CR3443 Declaration of Charles G. La Bella in Support of Joint Motion to Continue Sentencing

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