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 (First 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 Tuesday, April 10, A TTORNEY A T L AW 17 2007 at 9:00 a.m., before the Honorable Stephen M. McNamee. The continuance is requested 18 because additional time is needed for personal conference and thorough review of the case with 19 Defendant, as he has just been transported from FCI La Tuna, TX/NM to CCA, Florence, Arizona 20 on March 30, 2007, affording undersigned counsel the opportunity to meet with the Defendant one21 on-one. Accordingly, more time is required and a continuance is appropriate. 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 261 Filed 04/04/2007 Page 1 of 2

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RESPECTFULLY SUBMITTED this 4th day of March, 2007. s/Mark J. Berardoni Mark J. Berardoni Attorney for Defendant- Jeffrey Howard Feingold

CERTIFICATE OF SERVICE 6 7 8 9 I hereby certify that on April 4, 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 Chief United States District Judge 10 Sandra Day O'Connor U.S. Courthouse 401 West Washington Street 11 Phoenix, Arizona 85003 12 Mary Beth Pfister Assistant United States Attorney 13 Two Renaissance Square 40 N. Central Avenue, Suite 1200 14 Phoenix, Arizona 85004-4408 15 Jeffrey Howard Feingold (mailed) 16 By: s/Todd E. Babel 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:02-cr-00976-SMM Document 261-2- Filed 04/04/2007 Page 2 of 2