Free Motion to Continue - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURTS? ii I
DISTRICT OF CONNECTICUT`nn__· E., tw f‘_`{'l
UNITED STATES OF AMERICA 1 A
v. . : No. 3:03CR229(RNC)
FAUSTINO FLEURY : MARCH ll, 2005 ·
RENEWED
MOTION TO CONTINUE CHANGE OF PLEA i
The Defendant, acting herein by his undersigned counsel, hereby moves the Court to
continue the date for the Change of Plea hearing in this matter for approximately three weeks
beyond March I5, 2005 at ll:30 a.m. (Said date is currently scheduled for a change of plea
before United States Magistrate Judge Donna F. Martinez.)
‘ The reasons for this request are two-fold. First, in the last two weeks, the Government l
has made slight revisions to the proposed Plea Agreement which was first sent to predecessor i
counsel in early November of 2004. These changes — which are 1lOt major, and are believed to
have been made to address and deal with some of the issues raised in the January 2005 _lii_ot@
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under the now—advisory U. S. Sentencing Guidelines, but are new provisions which must be
reviewed carefully with the Defendant, who is now incarcerated at Wyatt Detention Facility in
Rhode Island.
Second, counsel is currently on vacation, returning to his office on Monday, March
I5, 2005. I
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Case 3:03-cr—00229—FlNC Document 120 Filed 03/14/2005 Page 2 of 3 I
This is the first such continuance sought by the Defendant. The undersigned spoke `
l
with counsel for the Government on March 4, 2005, and the Government does not oppose
this Motion.
This Motion is styled as "Renewed" because it was originally dated and mailed for :
filing on March 8, 2005, using the Docket No. "3:03CR229(SRU), which was taken from a
court calendar scheduling the change of plea for March 15, which calendar was faxed from the
U.S. Attorney’s office to the undersigned on February 22, 2005. Counsel considered that the l
docket no. could have have been a mistake (unless the matter had been reassigned), so a
duplicate original of the earlier Motion was sent to Hartford, and hopefully the Court has
been apprised of its contents already. i
1
DEFENDANT
FAUSTINO FLEURY
By: C ’fL·¢>¤<··’fuaM-¤»¤>( /r-Q)
C. Thomas Furniss
Ct00028
Furniss & Quinn, P.C.
248 Hudson St.
, Hartford CT 06106
(860) 527-2245
Fax: (860) 241-1032
e-mail: c.thomas . fur niss @s net. net
2
/32628/3/60348v1
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i Case 3:03-cr—00229—RNC Document 120 Filed 03/14/2005 Page 3 of 3 i
l
CERTIFICATION OF SERVICE i
._ l
This is to certify that a copy of the foregoing was mailed on this lllpgday of
March, 2005 by first class mail to each ofthe following:
l
Hon. Donna F. Martinez
United States Magistrate Judge
450 Main Street
Hartford CT 06103
y M. Gordon Hall ·
Assistant United States Attorney
157 Church St.
New Haven CT 06510
Faustino Fleury
Donald W. Wyatt Detention Center i
950 High St.
Central Falls, RI
li E E5 {LJ/M (
C. Thomas Furniss