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 ) ) Plaintiff, ) ) v. ) ) Jeffrey Howard Feingold, ) ) Defendant. ) ) ____________________________________) United States of America, CR02-0976-001-PHX-SMM MOTION TO CONTINUE SENTENCING (Second 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, April 23, A TTORNEY A T L AW 17 2007 at 2:00 p.m., before the Honorable Stephen M. McNamee. The continuance is requested 18 because additional time is necessary for thorough review of documents received on April 16, 2007 19 from appellate counsel that may directly impact the sentencing as well as potential requests for 20 departure. Accordingly, more time is required and a continuance is appropriate. Further, Defendant 21 request 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 263 Filed 04/17/2007 Page 1 of 2

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RESPECTFULLY SUBMITTED this 17th day of April, 2007. s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Jeffrey Howard Feingold

CERTIFICATE OF SERVICE I hereby certify that on April 17, 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 Jeffrey Howard Feingold (mailed) 17 18 By: s/Todd E. Babel 19 20 21 22 23 24 25 26 27 28 Case 2:02-cr-00976-SMM Document 263-2- Filed 04/17/2007 Page 2 of 2