Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:02-cr-00264-AWT

Document 1627

Filed 08/02/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : :

UNITED STATES OF AMERICA, v. E. KIRK SHELTON.

No. 3:02 CR 264 (AWT)

August 1, 2005

MOTION FOR CONTINUANCE OF SENTENCING HEARING The Defendant, E. Kirk Shelton, respectfully requests this Court to continue the sentencing hearing to either August 31, 2005 or September 1, 2005 for the following reasons: 1. During the proceedings held on July 26, 2005, the Court at sidebar raised important issues that undersigned counsel immediately began to explore and are currently still exploring in order to be completely assured that a full and precise factual record regarding the Defendant's role in the offense and his unique personal circumstances are clearly before the Court when sentence is imposed. 2. While the undersigned counsel have spent considerable time since July 26 addressing these concerns, a brief, additional adjournment is needed in order for counsel to responsibly and fully complete the further necessary due diligence that this complex representation of Defendant Shelton requires. 3. Unfortunately and unavoidably, Mr. Puccio is scheduled to leave the country on Saturday, August 6th and return on Sunday, August 21st for a trip that has been scheduled for some time and which cannot be re-scheduled.

Case 3:02-cr-00264-AWT

Document 1627

Filed 08/02/2005

Page 2 of 3

4. The Government opposes this motion for a continuance. 5. The undersigned counsel would be prepared to go forward as early as August 25th; however, Mr. Schechter will not be in his office during the work week beginning August 22 . If the Court were to grant this Motion, Mr. Schechter has requested that the sentencing resume on August 31st or September 1st.

THE DEFENDANT, E. Kirk Shelton

BY__________________________________ HOPE C. SEELEY Federal Bar No. ct 4863 SANTOS & SEELEY, P.C. 51 Russ Street Hartford, CT 06106 Tel: (860) 249-6548 Fax:(860) 724-5533 LAW OFFICES OF THOMAS P. PUCCIO Thomas P. Puccio, Esq. (CT 22983) 230 Park Avenue, Suite 301 New York, NY 10172 Tel.: (212) 883-6383 Fax: (212) 883-6388 DAY, BERRY & HOWARD LLP Stanley A. Twardy, Jr. (CT 05096) Gary H. Collins, Esq. (CT 22119) City Place 1, 185 Asylum Street Hartford, CT 06103 Tel: (860) 275-0314 Fax: (860) 275-0343 MILBANK, TWEED, HADLEY & McCLOY, LLP Scott A. Edelman, Esq. (CT 25268) Thomas A. Arena, Esq. (CT 25269) 1 Chase Manhattan Plaza New York, NY 10005-1413 Tel.: (212) 530-5000 Fax: (212) 530-5219 -2-

Case 3:02-cr-00264-AWT

Document 1627

Filed 08/02/2005

Page 3 of 3

CERTIFICATION I hereby certify that on August 1, 2005 copy of the foregoing was served on the following parties and interested persons via fax and email, and by U.S. Mail on August 2, 2005: James McMahon, Esq. Richard J. Schechter, Esq. Norman Gross, Esq. United States Attorney's Office District of New Jersey 970 Broad Street, Suite 700 Newark, NJ 07101 Tel: (973) 645-2700 Fax: (973) 645-2857 Nicole Owens, USPO United States Probation Office United States District Court 915 Lafayette Street Bridgeport, CT 06604 Tel: (203) 579-5707 Fax: (203) 579-5571 C. Warren Maxwell Deputy Chief U.S. Probation Officer United States Probation 157 Church Street, 22nd Floor New Haven, CT 06510

_______________________________ HOPE C. SEELEY

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