Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Daniel R. Drake Assistant U.S. Attorney Arizona State Bar No. 003781 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-04-00350-PHX-PGR Plaintiff, v. John Delo Nichols, Defendant. The United States moves the Court, pursuant to the plea agreement in this case, to enter MOTION TO CONTINUE SENTENCING

15 an order continuing the sentencing of John Delo Nichols for 90 days in order to allow Mr. 16 Nichols to comply with his obligation under the Plea Agreement in this case. In Paragraph 3 of 17 that Agreement Mr. Nichols agreed he would file true and accurate personal and corporate 18 federal income tax returns with the Internal Revenue Service for all calendar years from 1997 19 to the date of this agreement during which there was a failure to file. The defendant further 20 agreed that the court could order that he cooperate fully with the Internal Revenue Service and 21 pay any federal tax, penalties, and interest which may be found to be due and owing for said 22 years. Steps have been taken to obtain records to begin the analysis, but the records are 23 voluminous and the IRS is assigning a civil agent unfamiliar with the case to meet with the 24 defendant and make the calculations. The requested delay will allow the process to get under 25 way in an orderly fashion, and will permit the defendant to demonstrate his good faith. Counsel undersigned has spoken with Donald W. MacPherson, attorney for Mr. Nichols, 26 27 regarding his client's cooperation and the potential postponement of the sentencing. There is 28 no objection to this requested continuance as the defendant desires to cooperate.

Case 2:04-cr-00350-PGR

Document 24

Filed 09/02/2005

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Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or an

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Lisa Miller U.S. Probation Office S/ Daniel R. Drake I hereby certify that on September 2, 2005, I served the attached document by telefax on the following, who is not a registered participant of the CM/ECF system: _/s/______________ Daniel R. Drake I hereby certify that on September 2, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Donald W. MacPherson Attorney for John Delo Nichols

Respectfully submitted this 2nd day of September, 2005. PAUL K. CHARLTON United States Attorney District of Arizona /s/ DANIEL R. DRAKE Assistant U.S. Attorney

Case 2:04-cr-00350-PGR

Document 24

Filed 09/02/2005

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