Free Motion to Continue - District Court of Delaware - Delaware

Case 1:05-cr-00104-JJF

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Filed 08/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v.

LEONARD GARNER, Defendant.

: : : : : : : : : :

Criminal Action No. 05-104-JJF

MOTION FOR CONTINUANCE OF SENTENCING Defendant, Leonard Garner, 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 the motion, the defense submits as follows: 1. 2. Mr. Garner is currently scheduled for sentencing on September 14, 2006 at 12:30 p.m. Defense counsel requires additional time to prepare for sentencing and additional

time to review the presentence report with Mr. Garner to determine what, if any, objections to the presentence report the defense wishes to make. As of August 25, 2006, Mr. Garner had not yet received a copy of his presentence report in this case, and defense counsel will be out of the office the week of August 28, 2006. 3. Defense counsel respectfully requests that Mr. Garner's sentencing be continued for

30 days to allow defense counsel time to adequately review the presentence report with Mr. Garner and to prepare for sentencing.

Case 1:05-cr-00104-JJF

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Filed 08/25/2006

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4.

AUSA Beth Moskow-Schnoll is out of the office until August 28, 2006 and defense

counsel was unable to reach her to find out the government's position on this motion. USPO Martin Durkin does not oppose this request for a continuance. 5. Any objections to the presentence report will be filed by the defendant no later than

September 12, 2006. WHEREFORE, Mr. Garner respectfully requests that the Court continue the sentencing hearing in this matter to anytime after October 13, 2006. Respectfully Submitted,

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 Attorney for Defendant Leonard Garner

DATED: August 25, 2006

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Case 1:05-cr-00104-JJF

Document 25

Filed 08/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. LEONARD GARNER, Defendant. : : : : : : : : :

Criminal Action No. 05-104-JJF

CERTIFICATE OF SERVICE The undersigned attorney for defendant Leonard Garner hereby certifies that a copy of Defendant's Motion for Continuance of Sentencing is available for public viewing and downloading and was electronically delivered on August 25, 2006, to: Beth Moskow-Schnoll, Esquire Assistant U.S. Attorney 1007 Orange Street Suite 700, P.O. Box 2046 Wilmington, DE 19899-2046

The undersigned attorney further certifies that on August 28, 2006, a copy of the attached Motion for Continuance of Sentencing was placed in a box in the United States District Court of the District of Delaware addressed to the following person: Martin Durkin U. S. Probation Officer Suite 400, 824 Market Street Wilmington, DE 19801-3588

/s/ Eleni Kousoulis, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 Attorney for Defendant Leonard Garner