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

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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 9 10 11 12 13 14 15 Defendant, Jeffrey Howard Feingold, by and through undersigned counsel, hereby requests Court to continue the Sentencing hearing currently scheduled for Monday, May 7, ) ) Plaintiff, ) ) v. ) ) Jeffrey Howard Feingold, ) ) Defendant. ) ) ____________________________________) United States of America, CR02-0976-001-PHX-SMM MOTION TO CONTINUE SENTENCING (Third Request) IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 this M ARK J. B ERARDONI Honorable A TTORNEY A T L AW

17 2007 at 3:00 p.m., before the Honorable Stephen M. McNamee. The continuance is requested 18 because additional time is necessary for the Assistant United States Attorney and the Presentence 19 Writer to respond to Defendant's Sentencing Memorandum/Objections filed on May 1, 2007. 20 Accordingly, more time is required and a continuance is appropriate. Further, Defendant requests 21 that the Sentencing hearing be continued for a period of two weeks. 22 The Government, by Assistant United States Attorney, Mary Beth Pfister, has been advised

23 of the motion and has no opposition to the continuance. 24 This motion is brought in good faith for the reasons stated and not solely for the purpose of

25 delay. The delay occasioned by the extension, and the reasons therefore, outweigh the interest of the 26 Government, the Defendant, and the Public in a speedy trial. 27 EXCLUDABLE DELAY pursuant to Title 18 U.S.C.§ 3161 (h)(8)(A) may occur as a result

28 of this motion or from any order based thereon. Case 2:02-cr-00976-SMM Document 266 Filed 05/02/2007 Page 1 of 2

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RESPECTFULLY SUBMITTED this 2nd day of May, 2007. s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Jeffrey Howard Feingold

CERTIFICATE OF SERVICE I hereby certify that on May 2, 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 Filing to the following CM/ECF registrants:

Honorable Stephen M. McNamee 11 Chief United States District Judge Sandra Day O'Connor U.S. Courthouse 12 401 West Washington Street Phoenix, Arizona 85003 13 Mary Beth Pfister 14 Assistant United States Attorney Two Renaissance Square 15 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 16 Shawn T. Shear (mailed) 17 U.S. Probation Officer United States Probation, Suite 160 18 Sandra Day O'Connor U.S. Courthouse 401 West Washington, SPC 7 19 Phoenix, Arizona 85003-2119 20 Jeffrey Howard Feingold (mailed) 21 By: s/Todd E. Babel 22 23 24 25 26 27 28 Case 2:02-cr-00976-SMM Document 266-2- Filed 05/02/2007 Page 2 of 2