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

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Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-7003; fax 7008 Attorney for Defendant AZ Bar #005627 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOHN DELO NICHOLS, ) ) Defendant. ) ______________________________) No. CR 04-350-001-PHX-PGR DEFENDANT'S FOURTH UNOPPOSED MOTION TO CONTINUE SENTENCING

It is respectfully submitted that excludable delay pursuant to 14 18 U.S.C. §3161(h)(1) will not occur as a result of this motion.1 15 Defendant, through counsel undersigned, respectfully moves the 16 court to continue by seven weeks the sentencing currently set for 17 Monday, June 26, 2005, until Monday, August 14, 2006. 18 is based on the following grounds: 19 1. 20 2. 21 tax returns for many years and Defendant's CPA has completed the 22 returns. 23 3. 24 subject years and IRS will need to audit the returns and determine 25 if they agree with the numbers. 26 27
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This motion

Counsel for the Government does not oppose this motion. Under the plea agreement, Defendant agreed to file his

Defendant this week is filing his tax returns for the

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Defendant has included excludable delay language in his proposed order in event the court disagrees. Document 36 Filed 06/22/2006 Page 1 of 2

Case 2:04-cr-00350-PGR

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4.

It will likely take some additional time for the IRS to The tax loss, of course, is

audit Defendant's tax return numbers.

the driving factor behind the Guidelines calculation. 5. Defendant's returns show a lower tax loss than

anticipated, and Defendant will ask the court to take tax loss into consideration at time of sentencing. THEREFORE, Defendant requests an order of this court

continuing the sentencing seven weeks, from June 21, 2006 until August 14, 2006. DATED this 22nd day of June, 2006. /s/ Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-2003; fax 7008 Attorney for Defendant Copy of the foregoing by fax this 22nd day of June, 2006, to:

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u:\deb\Nichols\continue June Sentencing

Daniel Drake Asst. U.S. Attorney 40 N. Central, #1200 Phoenix, AZ 85004-4408 Ph. 602-514-7500; fax 7537

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