Free Motion to Continue Sentencing - District Court of Arizona - Arizona

1 TIMOTHY C. HOLTZEN 2 245 W. Roosevelt St. 3 Phoenix, Arizona 85003
State Bar No. 004723 Attorney at Law

4 (602) 799-6336 5 6 7 8 United States of America, 9 Plaintiff, 10
v. Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) No. CR 04-1018-PCT-JAT MOTION TO CONTINUE SENTENCING (First Request)

11 Frederick Marianito, 12 Defendant. 13 14

The defendant, through undersigned counsel, moves this Court to continue the

15 sentencing in this matter for approximately 30 days or as soon thereafter as the court's 16 calendar permits, for the reasons set forth in the accompanying memorandum. 17
Assistant United States Attorney, Daniel Drake, has no objection to this motion

18 for a continuance. 19 RESPECTFULLY SUBMITTED March 15, 2006. 20 21 22 23 Copy of the foregoing served by ECF filing
March 15, 2006 to: s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant

24

Daniel Drake 25 Assistant U.S. Attorney

26 and faxed to: Carlos Valentin, U.S. Probation Office 27 and mailed to: Frederick Marianito, Defendant 28

Case 2:04-cr-01018-JAT

Document 117

Filed 03/15/2006

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1 2

MEMORANDUM Defendant Frederick Marianito has pled guilty pursuant to a plea agreement.

3 Sentencing was continued once, at the request of the probation officer, from February 4 13, 2006 to March 20, 2006, to allow for the preparation of the presentence report. 5 Sentencing is presently set for Monday, March 20, 2006. The presentence report was 6 completed on or about February 15, 2006 and thereafter sent to defense counsel. 7 Defense counsel mailed a copy of the report to defendant on February 22, 2006. 8
The defendant lives near Gallup, New Mexico, and works for the Navajo Indian

9 Nation in Window Rock, Arizona. Both his work and home are approximately 330 10 miles from the office of defense counsel in Phoenix, Arizona. Defense counsel has not 11 been able to meet with defendant yet to personally review the presentence report for 12 any discrepancies, and discuss any possible objections or departure motions. The 13 defense believes that such review will be possible within a week, and a proper analysis 14 of any issues may then be prepared and submitted to the court, counsel, and the 15 probation officer. 16 18 19 20 21 22 23 24 25 26 27 28 2
s\ Timothy C. Holtzen Timothy C. Holtzen Attorney for Defendant Based on the foregoing, the defense requests that a continuance of sentencing

17 be granted for 30 days, or as soon thereafter as the court's calendar permits.
RESPECTFULLY SUBMITTED March 15, 2006.

Case 2:04-cr-01018-JAT

Document 117

Filed 03/15/2006

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