Free Motion to Continue Sentencing - District Court of Arizona - Arizona

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LAW OFFICE OF DAVID L. LOCKHART
A PROFESSIONAL CORPORATION ATTORNEY and COUNSELLOR at LAW

3216 N. Third Street, 3rd Floor Phoenix, Arizona 85012 [email protected] _____________

(602) 424-6105 Fax (602) 248-2916

David L. Lockhart State Bar No. 018475 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. (Third Request) MICHAEL CRAIG ANDERSON, Defendant. No. CR 04-01281-001-PHX-DGC MOTION TO CONTINUE SENTENCING

DEFENDANT MICHAEL CRAIG ANDERSON, by and through undersigned counsel, respectfully moves this Honorable Court for an Order continuing the Sentencing date in this mater presently scheduled for October 2, 2006 at 1:00 p.m. for a period of no less than forty-five (45) days subject to the Court's calendar for the foregoing reasons. Undersigned counsel has been credibly informed by Defendant Michael Anderson and his attorney, Mr. John S. Garcia, that Defendant Anderson is presently engaged in a very contentious civil dispute with his wayward business partner and associate, Richard Toth regarding the management and control of the company, Line X of Yuma, L.L.C. (hereinafter, "Line X"). Undersigned has discussed this matter with Mr. Garcia and have been led to believe that it would not be in the best interest of Defendant Anderson and his family for this Court to take Defendant Anderson into custody at the time of Sentencing. The allegations regarding the dispute between

Case 2:04-cr-01281-DGC

Document 118

Filed 09/19/2006

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Defendant Anderson and Mr. Toth are explained at length and in greater detail in the correspondence prepared by Mr. Garcia and attached hereto as Exhibit "1". Undersigned avows that he has contacted Assistant United States Attorneys, John Boyle and Mary Beth Pfister, regarding their positions to this motion. Both Mr. Boyle and Ms. Pfister object to the Court granting the relief requested herein. In addition, undersigned avows that he has contacted Patricia Gitre, counsel for the co-Defendant, Gina Anderson, and she has no objection to a continuance of this matter. This motion is made in good faith and will serve the public's interest in that providing defendants with effective representation is necessary to insure fairness and protect the defendants' constitutional rights. A continuance will insure counsel for both the government and the defendants the reasonable time necessary for effective preparation. Indeed, a continuance outweighs the best interests of the public and the defendants' speedy trial rights. It is expected that excludable delay under 18 U.S.C. §3161(h)(8)(A); (B)(iv) and (h)(1)(f) may result from this motion or from an order based thereon. THEREFORE, based on the foregoing, defendant, by and through undersigned counsel, respectfully requests that this Honorable Court grant this Motion and enter an Order continuing the Sentencing in this matter presently scheduled for October 2, 2006 at 1:00 p.m. for a period of no less than forty-five (45) days subject to the Court's calendar. RESPECTFULLY SUBMITTED this 19th day of September, 2006.

LAW OFFICE OF DAVID L. LOCKHART

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By

s/ David L. Lockhart David L. Lockhart, Esq. 3216 North Third Street Third Floor Phoenix, AZ 85012 Attorneys for Defendant

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CERTIFICATE OF SERVICE I certify that on September 19, 2006, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Clerk of the Court The Honorable David G. Campbell United States District Court Judge 401 W. Washington Phoenix, Arizona 85003 John Z. Boyle, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Mary Beth Pfister, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Suite 1200 Phoenix, Arizona 85004-4408 Patricia A. Gitre, Esq. 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 Attorney for co-defendant Gina D. Anderson

LAW OFFICE OF DAVID L. LOCKHART

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