Free Motion for Leave - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams Street, Ste. 201 Phoenix, Arizona 85007 3 Telephone: (602) 382-2727 4 MILAGROS A. CISNEROS State Bar # 020410 5 [email protected] Asst. Federal Public Defender 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 vs. Bella Ben-Henry, Defendant. United States of America, Plaintiff, No. CR 04-1018-PHX-JAT MOTION FOR LEAVE TO FILE SENTENCING MEMORANDUM AND RELATED DOCUMENTS (Unopposed) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Defendant, Bella Ben-Henry, by and through undersigned counsel,

16 respectfully requests that this Court grant leave for her to file her Sentencing 17 Memorandum and other related documents (which are being filed under seal) on 18 October 26, 2006­four days in advance of the sentencing date. The reason for this 19 request is that undersigned counsel only received medical documentation for Ms. 20 Ben-Henry on October 25, 2006, although such documents were requested on 21 September 11, 2006. See Fax Transmission, attached hereto (documenting sent and 22 receipt dates). The medical documentation is an integral part of Ms. Ben-Henry's 23 Sentencing Memorandum. 24 Undersigned counsel has contacted Dan Drake, the Assistant United 25 States Attorney assigned to this case, and Mr. Drake has advised that he has no 26 objection to the relief requested herein. 27 . . . 28 . . .

Case 2:04-cr-01018-JAT

Document 144

Filed 10/26/2006

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Undersigned counsel respectfully apologizes for any inconveniences Respectfully submitted: October 26, 2006. JON M. SANDS Federal Public Defender s/Milagros A. Cisneros MILAGROS A. CISNEROS Asst. Federal Public Defender

2 caused to the Court by the tardiness of this filing.

I hereby certify that on October 26, 2006, I electronically transmitted the attached 9 document to the Clerk's Office using the ECF System for filing and transmittal to the following ECF registrants: 10 DAN DRAKE 11 Assistant United States Attorney Two Renaissance Square 12 40 North Central Avenue Suite 1200 13 Phoenix, Arizona 85004-4408 14 TIMOTHY C. HOLTZEN 245 W. Roosevelt Street 15 Phoenix, Arizona 85003 Attorney for Co-Defendant Frederick Marianito 16 JOANNE F. LANDFAIR 17 331 N. First Avenue, Ste. 103 Phoenix, Arizona 85003 18 Attorney for Co-Defendant Ed Preston 19 20 Copy mailed to:

CARLOS VALENTÍN 21 U.S. Probation Office 450 W. Washington 22 Phoenix, Arizona 85007 23 BELLA BEN-HENRY Defendant 24 25 s/Milagros A. Cisneros M. Cisneros 26 27 28 2

Case 2:04-cr-01018-JAT

Document 144

Filed 10/26/2006

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