Free Motion to Continue - District Court of Arizona - Arizona

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Larry A. Hammond (004049) OSBORN MALEDON, P.A. 2929 North Central Avenue Suite 2100 Phoenix, Arizona 85012-2794 (602) 640-9000 [email protected] Attorneys for Defendant Glen Beck

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. GLEN BECK, Defendant. ) ) ) ) ) ) ) ) ) ) No. CR 03-00890-PHX-JAT

MOTION FOR CONTINUANCE Assigned to the Honorable James A. Teilborg

Defendant-Probationer, Glen Beck, through his counsel undersigned, requests that the hearing now scheduled for February 28, 2008, be continued for the reasons set

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forth below. As the Court will recall, it has been the intention of counsel for Mr. Beck to attempt to resolve in a single evidentiary hearing both the question of the ultimate disposition with respect to the single remaining alleged violation of probation, and to address the question of the appropriate monthly restitution amount to be paid by Mr. Beck. The Court will also recall that the parties had expected that at some point the United States Attorney's Financial Litigation Unit (FLU) in Tucson would provide information supporting a recommended adjustment. The documents constituting the

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recommended adjustment were not received until today. The Probation Office had recommended that an upward adjustment from $100 to $500 per month be approved. The documents received today appear to recommend an increase to $1386 per month. We have not had an opportunity to review these documents or to consider the very substantial recommended upward adjustment. Counsel and Mr. Beck need a reasonable period of time to review these documents and to respond. A 13-fold increase is not consistent with Mr. Beck's ability to pay, but it still remains our objective to find an amicable basis upon which to resolve the questions surrounding the monthly restitution payments. The United States Attorney's Office will now be represented in this proceeding by Assistant United States Attorney, Howard Sukenic. Undersigned has spoken to Mr. Sukenic and he has authorized us to advise the Court that he has no objection to a continuance. We have also contacted Assistant United States Attorney, Darcy Cerow, and she has advised us that she does not object to a two-week continuance. Undersigned counsel respectfully believes, however, that a two-week continuance will not provide sufficient time to address the newly produced calculations. Undersigned requests that this matter be continued to a date convenient to the Court and Government counsel sometime in the month of April. In addition, undersigned is having knee replacement surgery on March 18, 2008, and will not be back in the office for some as yet undetermined number of days, but our hope is that undersigned will be available for proceedings sometime in April.

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1966121

RESPECTFULLY SUBMITTED this 22nd day of February, 2008.

OSBORN MALEDON, P.A.

By

s/Larry A. Hammond________ Larry A. Hammond 2929 North Central Suite 2100 Phoenix, Arizona 85012-2794 Attorneys for Glen Beck

CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of February, 2008, 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 registrant: Darcy A. Cerow - [email protected] Howard Sukenic - [email protected]

s/Donna Toland

______

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