Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00082-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. SCOTT ROBINSON, Defendant.

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Criminal Action No. 07-82-SLR

DEFENDANT'S AMENDED UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Scott Robinson, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Robinson avers as follows: 1. On or about September 19, 2007, Mr. Robinson appeared before this Court and plead

guilty to one count of Distribution of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1). Sentencing is currently set for January 29, 2008. 2. Mr. Robinson is requesting a postponement of the Sentencing Hearing because

defense counsel is awaiting the completion of a forensic evaluation and report of Mr. Robinson by Timothy Foley, Ph.D., Forensic Psychologist, who specializes in the treatment and assessment of persons charged with sexual and child pornography related offenses. 3. Dr. Foley, met with and conducted a psychological examination and testing on Mr.

Robinson on December 20, 2007. However, because of the complexities involved, he has not

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completed the full analysis and report as of the date of this motion. 4. Additionally, it appears that Mr. Robinson raised an issue during the course of the

examination, which may require consultation with another forensic psychologist. To this end, Counsel has also retained the services Catherine Barber, Ph.D. to consult. 5. Counsel believes that Dr. Foley's assessment of Mr. Robinson will be germaine to

support the defense's efforts at sentencing mitigation. Moreover, Counsel unavailable on January 29, 2008, as he must attend the Federal Defender Conference from January 28, 2008 through January 31, 2008. 6. Neither the government nor the probation office objects to Mr. Robinson's request

for a postponement. 7. Counsel has discussed the need for this postponement with Mr. Robinson and he is

in full agreement with the request. 8. Accordingly, defendant believes that, in the interests of justice, a postponement of the

Sentencing Hearing is warranted.

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WHEREFORE, the Defendant, Scott Robinson, respectfully requests that this Court issue an Order postponing the Sentencing Hearing for at least 45 days.

Respectfully submitted, /s/ Edson A. Bostic, Esquire Federal Public Defender Attorney for Scott Robinson

One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected]

Dated: January 11, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. SCOTT ROBINSON, Defendant.

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Criminal Action No. 07-82-SLR

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

Defendant Robinson's Sentencing Hearing shall be on the 2008, at ______ a.m./p.m.

Honorable Sue L. Robinson United States District Court