Free Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

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. (First 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 presently scheduled for June 5, 2006 at 2:30 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 United States probation officer, Scott Talbot that as of the date of this Motion, he has not had the opportunity to interview the Defendant Michael Anderson. Mr. Talbot further informed undersigned that he requires additional time to conduct an interview of Defendant and properly prepare a draft of the Pre-Sentence report. Upon receipt of the draft, undersigned will require time to meet and review the draft of the report with Defendant and file the appropriate objections, if necessary.

Case 2:04-cr-01281-DGC

Document 110

Filed 05/08/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10

Undersigned avows that he has contacted Assistant United States Attorneys, John Boyle and Mary Beth Pfister, regarding their positions to this motion. As of the date of this Motion, undersigned has not been able to confirm the government's position regarding the relief requested herein. In addition, undersigned avows that he has contacted Patricia Gitre, counsel for the coDefendant, Gina Anderson, and she has no objection to a continuance of this matter. However, Ms. Gitre request that should this Court grant this Motion, that Sentencing not be reset to the week of July 14 through 21, 2006. Ms. Gitre further requests that this Court also re-schedule Sentencing for her client, Gina Anderson, to the same date as her husband, Defendant Michael Anderson. 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 June 5, 2006 at 2:30 a.m. for a period of no less than forty-five (45) days subject to the Court's calendar. RESPECTFULLY SUBMITTED this 8th day of May, 2006.

LAW OFFICE OF DAVID L. LOCKHART

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

By

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

///

2 Case 2:04-cr-01281-DGC Document 110 Filed 05/08/2006 Page 2 of 3

1 2 3 4 5 6 7 8 9 10

CERTIFICATE OF SERVICE I certify that on May 8, 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 By: Carol Rosales

LAW OFFICE OF DAVID L. LOCKHART

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

3 Case 2:04-cr-01281-DGC Document 110 Filed 05/08/2006 Page 3 of 3