Free Motion for Extension of Time - District Court of Connecticut - Connecticut

{ Case 3:00-cr-00227-SRU Document 1409 Filed 09/21/2005 Page 1 of 2
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UNITED STATES OF AMERICA : CRIMINAL NO]?-, _Di3_TRlCT CUURI
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v : 3:00 cr 227 (SRU)
I HECTOR GONZALEZ :
MOTION FOR ORDER EXTENDING SCHEDULING ORDER
1. The undersigned attorney was recently appointed by this Court to represent
_ the above defendant in a resentencing of the defendant as a result of the remand of
this case by the United States Court of Appeals for the Second Circuit for E
reconsideration ofthe 396 month sentence to imprisonment imposed by this Court on i
December 3, 2003. That sentence was imposed concurrently with a sentence the
defendant was then sewing.
2. The undersigned attorney has contacted the defendant in this matter and he
wishes to exercise his right to resentenclng. l
3. The present Scheduling Order requires simultaneous written submissions of
briefs by the government and the defendant on the issue as to whether the Court
should have imposed a non-trivlally different sentence by September 29, 2005. i
4. Although the undersigned attorney has obtained a transcript of the sentencing
hearing, he has not as yet obtained a copy of the pre-sentence report prepared in this
case. Further the defendant has informed the undersigned attorney that the "credit" this
Court ordered for the period of incarceration served by the defendant in a related
criminal case of approximately 68 months against the sentence it imposed, was never
received by him. The undersigned attorney will be required to obtain the appropriate
records to substantiate this claim prior to any resentencing hearing.
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s Case 3:00-cr-00227-SRU Document 1409 Filed 09/21/2005 Page 2 of 2
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5. Finally, the remand of this case to the Court requires that further proceedings
b€‘ ¤0l`lf0l“mlly with Q@by, which expands the parameters of the proceedings beyond
the issue of the "credit" the defendant should have received and will require a review of
the prior proceedings against the strictures of that case.
For the foregoing reasons the undersigned moves that this Court extend the
scheduling order in this case for written simultaneous briefs by the parties until on or
before October 28, 2005.
Respectfully submitted, ,
HECTOR GONZA EZ 4
By
Donald D. Dakers
Federal Bar Number : ct13257 I
18 Pepperidge Lan I
Madison, CT 06443 _
(Tel) (203)946—481‘l I
(Fax) (203)498—1258
CERTIFICATION
This is to certify that a copy of the foregoing motion was mailed this 20*** day of
September, 2005, to Alex V. Hernandez, A.U.S.A., United States Attorney's Office, y
Federal Building and U.S. Courthouse, 915 Lafayette Blvd. Rm #309, Bridgeport, CT
06604, and TO Alina P. Marquez, A.U.S.A., United States Attorney’s Office, Federal
Building and Ug. Courthouse, 915 Lafayette Blvd. Rm #309, Bridgeport, CT 06604.
Donald D. DaI I
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