Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00122-GMS

Document 16

Filed 03/07/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOHN GRAMLICH, Defendant.

: : : : : : : : :

Criminal Action No. 07-122-GMS

DEFENDANT'S MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, John Gramlich, by and through his undersigned counsel, Luis A. Ortiz, Assistant Federal Public Defender, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Gramlich avers as follows: 1. On or about November 7, 2007, Mr. Gramlich appeared before this Court and plead

guilty to count two of the indictment charging him with receipt of child pornography by computer, in violation of 18 U.S.C. § 2252A(a)(2) and (b)(1). Sentencing is currently set for March 28, 2008 at 10:00a.m. 2. Mr. Gramlich is requesting a postponement of the Sentencing Hearing because defense

witness Timothy Foley, Ph.D., Forensic Psychologist, who specializes in the treatment and assessment of persons charged with sexual and child pornography related offenses, will be away at a conference on the scheduled sentencing date.

Case 1:07-cr-00122-GMS

Document 16

Filed 03/07/2008

Page 2 of 2

3.

Dr. Foley, met with and conducted a psychological examination and testing on Mr.

Gramlich. His report has been provided to the United States Probation Department as well as the government. However, because of the complexities involved, Dr. Foley's testimony and assessment of Mr. Gramlich will be germaine to support the defense's efforts at sentencing mitigation. 4. Neither, Assistant United States Attorney, Edmond Falgowski nor United States

Probation Officer, Martin P. Durkin objects to Mr. Gramlich's request for a postponement. 5. Counsel has discussed the need for this postponement with Mr. Gramlich and he is in

full agreement with the request. 6. Accordingly, the defendant believes that, in the interests of justice, a postponement

of the Sentencing Hearing is warranted. WHEREFORE, the Defendant, John Gramlich, respectfully requests that this Court issue an Order postponing the Sentencing Hearing for at least 30 days.

Respectfully submitted,

/s/ Luis A. Ortiz, Esquire Assistant Federal Public Defender Attorney for John Gramlich One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected]

Dated: March 7, 2008

Case 1:07-cr-00122-GMS

Document 16-2

Filed 03/07/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOHN GRAMLICH, Defendant.

: : : : : : : : :

Criminal Action No. 07-122-GMS

ORDER Having considered Defendant's Motion For Continuance Of Sentencing Hearing; IT IS HEREBY ORDERED this day of day of , 2008, that , 2008,

Defendant Gramlich's Sentencing Hearing shall be on the at ______ a.m./p.m.

Honorable Gregory M. Sleet Chief Judge, United States District Court