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

1 2 3 4

Mark J. Berardoni
State Bar No. 012970 Luhrs Tower 45 West Jefferson St., Suite 810 Phoenix, Arizona 85003-2317 (602) 257-1295 Attorney for Defendant - Jeffrey Howard Feingold

5 6 7 8 United States of America, 9 10 11 12 13 14 15 Defendant, Jeffrey Howard Feingold, by and through undersigned counsel, hereby requests ) ) Plaintiff, ) ) v. ) ) Jeffrey Howard Feingold, ) ) Defendant. ) ) ____________________________________) CR02-0976-001-PHX-SMM MOTION TO CONTINUE SENTENCING (Fourth Request) IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 this M ARK J. B ERARDONI Honorable Court to continue the Sentencing hearing currently scheduled for Monday, Tuesday, A TTORNEY A T L AW 17 June 19, 2007 at 10:00 a.m., before the Honorable Stephen M. McNamee. The continuance is 18 requested because undersigned counsel has a calendar conflict in that he will be in a criminal trial 19 in the Maricopa County Superior Court in Re: the Matter of State v. Erik Duffy, CR2006-03097820 001 SE. Counsel's office, during a telephonic discussion regarding availability dates to reschedule 21 the sentencing, informed the government that they would be in trial beginning June 18, 2007 and 22 would be unable to appear for that week. Additionally, Mary Beth Pfister, Assistant United States 23 Attorney, has a calendar conflict in that she is scheduled to appear for training from June 19, 2007 24 through June 27, 2007 and will be unable to appear. When the government filed their motion to 25 continue, it did not detail defense counsel's nor the government's availability, or lack thereof. 26 Consequently, the sentencing hearing was rescheduled on a date and time when undersigned counsel 27 and the assigned Assistant United States Attorney will not be able to appear. Accordingly, a 28 continuance is appropriate. Case 2:02-cr-00976-SMM Document 272 Filed 05/29/2007 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13

The Government, by Assistant United States Attorney, Mary Beth Pfister, has been advised of the motion and has no opposition to the continuance. This motion is brought in good faith for the reasons stated and not solely for the purpose of delay. The delay occasioned by the extension, and the reasons therefore, outweigh the interest of the Government, the Defendant, and the Public in a speedy trial. EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) may occur as a result of this motion or from any order based thereon. RESPECTFULLY SUBMITTED this 29th day of May, 2007. s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Jeffrey Howard Feingold

CERTIFICATE OF SERVICE 14 15 I hereby certify that on May 29, 2007, 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 16 Filing to the following CM/ECF registrants: 17 Honorable Stephen M. McNamee Chief United States District Judge 18 Sandra Day O'Connor U.S. Courthouse 401 West Washington Street 19 Phoenix, Arizona 85003 20 Mary Beth Pfister Assistant United States Attorney 21 Two Renaissance Square 40 N. Central Avenue, Suite 1200 22 Phoenix, Arizona 85004-4408 23 Shawn T. Shear (mailed) U.S. Probation Officer 24 United States Probation, Suite 160 Sandra Day O'Connor U.S. Courthouse 25 401 West Washington, SPC 7 Phoenix, Arizona 85003-2119 26 Jeffrey Howard Feingold (mailed) 27 28 By: s/Todd E. Babel Case 2:02-cr-00976-SMM Document 272-2- Filed 05/29/2007 Page 2 of 2