Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona Adams, Suite 3 850 West Arizona 85007201 Phoenix, 4 Telephone: (602) 382-2737 5 CRAIG ORENT, #015512 [email protected] 6 Asst. Federal Public Defender Attorney for Defendant 7 IN THE UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 16 17 18 Defendant, Glen Beck, by and through undersigned counsel, 19 respectfully moves this Court for an order continuing the disposition and restitution 20 hearings in the above matter from April 24, 2008, to a date some time in late June 21 or in July to provide underlying counsel adequate time to prepare for the hearings. 22 Neither counsel for the government, Darcy Cerow or Howard Sukenic, object to this 23 24 25 26 27 request. However, Ms. Cerow indicates she will be out of the office from May 12 through June 3. Similarly, underlying counsel will be out of the office May 19 through May 27. Underlying counsel was appointed to represent Mr. Beck on Thursday, v. Glen Beck, Defendant. United States of America, Plaintiff, DISTRICT OF ARIZONA No. CR 03-00890-PHX-JAT MOTION TO CONTINUE DISPOSITION AND RESTITUTION HEARING (In the alternative for withdrawal of counsel) (Unopposed) (Expedited Review Requested)

28 April 17, 2008. At that time the Court asked underlying counsel how much time he would need to prepare for the hearings. Counsel responded that he did not know

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1 since he had very limited knowledge of the case, but asked the Court for as much 2 time as it was willing to grant. The Court then set the matter for Thursday, April 24, 3 2008, merely four business days later. In hindsight, counsel should have made a 4 5 6 7 more specific request as he did not expect such a brief continuance from the Court. Counsel has learned from talking with former defense counsel and the two prosecutors that there is a significant amount of information that must be

8 reviewed prior to the scheduled hearings. Moreover the issues, or the facts and 9 evidence underlying the issues, involve complex financial and accounting matters 10 and principles. And underlying counsel will need to obtain and review the transcripts 11 of some of the prior hearings. 12 As a result, counsel requests that the hearings be continued to provide 13 him adequate time to acquire and absorb the necessary information to be able to fully 14 and adequately represent Mr. Beck's interests at the hearings, at least consistent with 15 16 that which is required under the Due Process Clause of the United States 17 Constitution. 18 See Avery v. State of Alabama, 308 U.S. 444, 446 (1940)("[T]he denial of opportunity 19 for appointed counsel to confer, to consult with the accused and to prepare his 20 defense, could convert the appointment of counsel into a sham and nothing more than 21 22 23 24 a formal compliance with the Constitution's requirement that an accused be given the assistance of counsel. The Constitution's guarantee of assistance of counsel cannot be satisfied by mere formal appointment."), quoted in Chambers v. Maroney, 399

25 U.S. 42, 59 (1970) (also stating: "Where counsel has no acquaintance with the facts 26 of the case and no opportunity to plan a defense, the result is that the defendant is 27 effectively denied his constitutional right to assistance of counsel." Id.), also quoted 28
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1 in Kimmelman v. Morrison, 477 U.S. 365, 378 (1986) (and stating: "[T]he right to 2 counsel is the right to effective assistance of counsel. Id.); and see Linden v. Dickson 3 287 F.2d 55, 61 n.10 (9th Cir. 1961) (citing Avery and stating that "[t]here cannot be 4 5 6 7 effective assistance if a reasonable opportunity to prepare for such representation has not been granted."). On the other hand, if the Court is inclined to deny the requested

8 continuance, underlying counsel requests that he and the Federal Public Defender's 9 Office be permitted to withdraw as appointed counsel. 10 11 12 13 14 15 Respectfully submitted: April 18, 2008. JON M. SANDS Federal Public Defender s/Craig Orent CRAIG ORENT Asst. Federal Public Defender

that on April 18, 2008, I electronically transmitted the attached 16 I hereby certify Clerk's Office using the ECF System for filing and transmittal to the document to the 17 following ECF registrants: 18 Darcy Cerow & Howard Sukenic Assistant United States Attorneys 19 Copy mailed to: 20 21 Glen Beck Defendant 22 23 24 25 26 27 28 -3s/ Susan L. West

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