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

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PATRICIA A. GITRE, P.L.C. 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 Telephone: (602) 452.2918 Fax: (602) 532.7530 Patricia A. Gitre (#011864) ATTORNEY FOR: DEFENDANT GINA ANDERSON IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, No. CR04-1281-PHX-DGC MOTION TO CONTINUE SENTENCING (Second Request)

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Plaintiff, vs. GINA D'ANNE ANDERSON, Defendant.

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Defendant, through undersigned counsel moves to continue her sentencing currently set for August 28, 2006 for a period of 30 days. This is the second request by this defendant and the fourth request for both defendants. As of this date (through no fault of defendant or her counsel), the draft presentence report has not been disclosed to this counsel. Counsel needs adequate time to review the presentence report with her client (who resides in Yuma, Arizona)

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and prepare objections as well as a motion for downward departure if necessary. Defendant Michael Anderson, (Mrs. Anderson's husband), is scheduled for sentencing the same day. The Andersons have three small children, live in Yuma Arizona and anticipate that Mr. Anderson will be sentenced to prison. As this will be a very

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emotional and difficult event for Mrs. Anderson and their children, she respectfully requests the Court to reschedule both sentencings for the same day. 1 Counsel David Lockhart is out of the country and could not be reached regarding

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this motion. However, defense counsel understands that the presentence report for Michael Anderson has not been disclosed as of this date. Mr. Lockhart will also need time to review the presentence report and file objections. Therefore, this request is made on behalf of both defendants so that sentencing may proceed on the same day as

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previously requested and granted by this Court. The government objects to a continuance for one or both of the defendants and will file a separate response to this motion. Excludable delay under 18 U.S.C. §3161(h) (1)(F) and 8(A) will occur as a result of this motion or an order based thereon. RESPECTFULLY SUBMITTED on August 10, 2006

/s Patricia A. Gitre Patricia A. Gitre Attorney for Defendant Gina Anderson CERTIFICATE OF SERVICE I hereby certify that on August 10, 2006 I electronically transmitted the attached 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 Judge David G. Campbell

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This case was not filed until December 2004 although it was investigated for over two years prior to the filing of the indictment. There are no victims other than the IRS for unpaid taxes. Defendants have complied with all terms of pretrial release. Therefore, the defense fails to see the prejudice to the government if sentencing is delayed for an additional thirty days.
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[email protected] [email protected] [email protected] US Attorney's Office "David L. Lockhart" [email protected] Attorney for Michael Anderson Scott Talbott PSR [email protected] /s/ Patricia A. Gitre

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