Free Order on Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cr-00359-WYD

Document 363

Filed 01/10/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00359-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. BRAULIO MEDINA-GARCIA, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER comes before the Court on Defendant' Motion to Continue s Sentencing [#361], filed on January 9, 2007, at 5:01 p.m. The Sentencing Hearing was scheduled for January 10, 2007, at 9:00 a.m. The Court did not receive defense counsel' motion to continue until just before the sentencing hearing was to commence. s In his motion, defense counsel stated that he could not attend the sentencing hearing because he was in trial. I find that it is inexcusable for counsel to wait until the night before a scheduled hearing to file a motion to continue. Obviously, defense counsel knew or should have known that he was scheduled for trial prior to filing his motion to continue on the evening of January 9, 2007. Further, a continuance was unnecessary as defense counsel' associate appeared on behalf of the Defendant, and the s sentencing was routine. Accordingly, the Court denied defense counsel' motion to continue at the s sentencing hearing. As such, the Court puts Mr. Steinberg on notice that no further continuances filed at the eleventh hour will be granted absent extraordinary and

Case 1:01-cr-00359-WYD

Document 363

Filed 01/10/2007

Page 2 of 2

unforseen circumstances. Failure to comply with this admonition will result in sanctions. Accordingly, it is ORDERED that Defendant' Motion to Continue Sentencing [#361] is DENIED. s

Dated: January 10, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge