Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00056-GMS

Document 17

Filed 10/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. OMAR BROWN, Defendant.

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Criminal Action No. 07-56-GMS

MOTION FOR CONTINUANCE OF SENTENCING Defendant, Omar Brown, by and through his undersigned counsel, Eleni Kousoulis, hereby moves the Court for an Order continuing the sentencing hearing in this case. In support of this motion, the defense submits as follows: 1. 2. Mr. Brown is scheduled for sentencing on December 12, 2007 at 10:00 a.m. The Presentence Investigation interview in this case was conducted later than usual

following Mr. Brown's change of plea due to defense counsel's unavailability. The U.S. Probation Office, therefore, requires additional time to prepare the initial draft of the Presentence Report (PSR). 3. Defense counsel respectfully requests that Mr. Brown's sentencing be continued to

allow the U.S. Probation Office the opportunity to complete its preparation of the PSR. Furthermore, this will allow the parties adequate time to review the initial draft of the PSR and make any objections or corrections to the report, if necessary. 5. Assistant United States Attorney, Shawn Martyniak, counsel for the attorney handling

this case for the government, has no objection to the defense's continuance request. Mr. Martyniak's only request is that the sentencing hearing be continued until anytime after January 7, 2008, because

Case 1:07-cr-00056-GMS

Document 17

Filed 10/19/2007

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he will be out of the office from December 17, 2007 through January 4, 2008. The defense has no objection to holding the sentencing hearing in this matter after January 7, 2008. WHEREFORE, Mr. Brown respectfully requests that the Court continue the sentencing hearing in this matter to anytime after January 7, 2008.

Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Omar Brown DATED: October 19, 2007

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Case 1:07-cr-00056-GMS

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Filed 10/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. OMAR BROWN, Defendant.

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Criminal Action No. 07-56-GMS

ORDER In response to Mr. Brown's Motion for Continuance of Sentencing, this Court HEREBY ORDERS on this ________ day of ____________________, 2007, that Defendant's sentencing hearing is rescheduled for the _______ day of _________________, 2008 at ________ a.m./p.m.

The Honorable Gregory M. Sleet United States District Court