Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cr-00351-WDM

Document 299

Filed 04/10/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case Number: 04-cr-00351 WDM UNITED STATES OF AMERICA, Plaintiff, v. KENNETH YOUNG, Defendant. __________________________________________________________________ DEFENDANT'S MOTION TO CONTINUE SENTENCING __________________________________________________________________
COMES NOW Defendant, Kenneth Young (hereinafter "Mr. Young"), by and through William Herringer, Greenberg, Herringer & Ward, LLC, and respectfully requests that his Sentencing currently scheduled for the 13th day of April, 2007 at the hour of 10:00 a.m. be continued and, as grounds for this motion, states the following: 1. A number of people from Utah and southwest Colorado will be traveling to

Denver, Colorado to Mr. Young's Sentencing in order to provide support and speak on his behalf. According to the National Weather Forecast, a Hazardous Weather Outlook has issued and a large storm is predicted that will affect most of Colorado for Thursday and Friday. Travel by either air or car will likely be difficult, if not dangerous, for the people who want to attend Mr. Young's Sentencing. 2. Counsel for Mr. Young is scheduled to fly from Durango to Denver at 6:00 a.m.

on the morning of April 13, 2007 and is concerned that his flight may be cancelled or delayed due to severe weather.

Case 1:04-cr-00351-WDM

Document 299

Filed 04/10/2007

Page 2 of 3

3.

Additionally, Counsel intends to call on L. Dennis Kleinsasser, Ph.D., Southwest

Consulting Group, Inc., who prepared Mr. Young's a Psychosexual Evaluation, to also provide testimony on Mr. Young's behalf. Dr. Kleinsasser, who is located in Colorado Springs,

Colorado, has not confirmed his availability to testify at the Sentencing scheduled for April 13, 2007. 4. James Candelaria, Assistant United States Attorney, has stated that he objects to a

continuance of Mr. Young's Sentencing. 5. Mr. Young has not previously requested a continuance of his Sentencing and has been placed on Global Positioning System

recently, at the request of the Government,

monitoring by Pre-Services and he will continue to be monitored by GPS through Sentencing and will comply with all other terms and conditions imposed by this Court. WHEREFORE, for the reasons stated above, Mr. Young respectfully requests that this Honorable Court continue the Sentencing currently scheduled for the 13th day of April, 2007. Respectfully submitted this 10th day of April, 2007. GREENBERG, HERRINGER & WARD, LLC s/ William Herringer William L. Herringer P. O. Box 2714 Durango, Colorado 81302 Telephone: 970.259.4422 Fax: 970.259.5638 Email: [email protected] Attorney for Defendant Kenneth Young

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Case 1:04-cr-00351-WDM

Document 299

Filed 04/10/2007

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 10th day of April, 2007, I electronically filed the foregoing DEFENDANT'S MOTION TO CONTINUE SENTENCING with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: 1:04-cr-00351-1 Notice will be electronically mailed to: James Michael Candelaria [email protected], [email protected]; [email protected] Habib Nasrullah [email protected] GREENBERG, HERRINGER & WARD, LLC s/ William Herringer William L. Herringer

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