Free Motion to Continue - District Court of Delaware - Delaware

Case 1:06-cr-00127-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK WEHLE, Defendant.

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Criminal Action No. 06-127-GMS

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Frederick Wehle, by and through his undersigned counsel, Edson A. Bostic, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Wehle avers as follows: 1. On or about April 4, 2007, Mr. Wehle appeared before this Court and plead guilty to

three counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Sentencing is currently set for June 28, 2007. 2. Mr. Wehle is requesting a postponement of the Sentencing Hearing because defense

counsel is awaiting receipt of certain of Mr. Wehle's medical and mental health records, as well as receipt of a report and evaluation of Mr. Wehle by a forensic psychologist. 3. Counsel seeks the medical and mental health records to support mitigation at

sentencing due to Mr. Wehle's apparent substantial and complicated history of emotional and mental health problems. 4. Another basis for the postponement is to allow Counsel's retained forensic

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psychologist to conduct an evaluation of Mr. Wehle and prepare report regarding Mr. Wehle's present and past mental health state. 5. The expert was to meet with and evaluate Mr. Wehle on Thursday, May 31, 2007, at

the Delaware Correctional Center in Smyrna, Delaware. (See Confirmation of Appointment attached as Exhibit A.) Unfortunately, due to a severe accident resulting in the closure of I-95, the evaluation of Mr. Wehle had to be postponed. Therefore, the expert was not able to conduct his evaluation before Wednesday, June 6, 2007. (See Rescheduling of Appointment attached as Exhibit B.) However, the report is now expected to be completed within the next three weeks. 6. Accordingly, defendant believes that, in the interests of justice, a postponement of the

Sentencing Hearing is warranted. 7. The government does not object to Mr. Wehle's request for a postponement.

WHEREFORE, the Defendant, Frederick Wehle, respectfully requests that this Court issue an Order postponing the Sentencing Hearing for at least 30 days. Respectfully submitted, /s/ Edson A. Bostic, Esquire Federal Public Defender Attorney for Frederick Wehle

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

Dated: June 8, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK WEHLE, Defendant.

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Criminal Action No. 06-127-GMS

ORDER Having considered Defendant's Unopposed Motion For Postponement Of Sentencing Hearing; IT IS HEREBY ORDERED this Defendant Wehle's Sentencing Hearing shall be on the at ______ a.m./p.m. day of day of , 2007, that , 2007,

Honorable Gregory M. Sleet United States District Court

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