Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00430-WDM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00430-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. CARL E. SCHUMANN, Defendant. _____________________________________________________________________________ MOTION TO CONTINUE CHANGE OF PLEA HEARING _____________________________________________________________________________ Carl Schumann, through counsel, requests this Court for an Order continuing his Change of Plea date and setting his case for a status report in three months. As grounds, Mr. Schumann states the following: 1. On November 16, 2004, a Superseding Indictment was filed charging Mr.

Schumann with multiple counts of Bank Robbery pursuant to 18 U.S.C. § 2113(a). 2. Mr. Schumann was not brought before the Magistrate Judge in this district until

January 13, 2006. The delay was due to the fact that Mr. Schumann had been arrested in the District of Nevada shortly after the indictment in this case. He remained in the District of Nevada until he was sentenced to 188 months in the Bureau of Prisons. At that time, he was transferred to the District of Colorado. 3. Mr. Schumann pled to multiple counts of Bank Robbery in Nevada in CR-04-

00464-PMP/PAL. At his sentencing hearing there was a contested issue as to whether Mr. Schumann was a Career Offender. After argument, Judge Philip Pro found him to be a Career Offender. Mr. Schumann filed a Notice of Appeal. The Opening Brief in his case was filed in

Case 1:04-cr-00430-WDM

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the United States Court of Appeals for the Ninth Circuit on March 30, 2006. (See attached General Docket). 4. Counsel for Mr. Schumann and counsel for the government, Dave Conner, have

had extensive conversations regarding resolution of this case. Mr. Schumann desires to enter into a plea agreement with the government. However, the parties believe that the determination by the Ninth Circuit regarding whether Mr. Schumann is a Career Offender could have an impact on the terms of the plea agreement and the potential sentence of this Court. 5. Because Mr. Schuman is currently serving a 188 month sentence, the parties

believe that continuing the Change of Plea date and resetting this matter for a status report in three months would be the best course of action. Speedy Trial has been tolled since the Notice of Disposition was filed and Mr. Schumann is aware and acknowledges that Speedy Trial will continue to be tolled with the filing of this request for a continuance. 18 U.S.C. § 3161 (8)(a) excludes any period of delay as a result of a continuance at the request of the defense if the Court finds that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial. 6. In this case, Mr. Schumann has filed a Notice of Disposition in good faith and

desires a resolution of his case. However, the issue of his Career Offender status is the subject of an appeal in the Ninth Circuit. 7. Counsel is authorized to inform the Court that Mr. Conner has no objection to the

request for a continuance of the Change of Plea.

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WHEREFORE, Mr. Schumann requests that the Court vacate the Change of Plea scheduled for May 17, 2006, at 10:00 a.m. and allow him to file a status report with the Court in 90 days, or in the alternative to reset the Change of Plea. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Susan L. Fisch SUSAN L. FISCH Assistant Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on April 25, 2006, I electronically filed the foregoing MOTION TO CONTINUE CHANGE OF PLEA HEARING

with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

David M. Conner, Assistant U.S. Attorney [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name:

s/ Susan L. Fisch Susan L. Fisch Assistant Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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