Free Motion for Extension of Time to File - District Court of Arizona - Arizona

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 E-mail: [email protected] Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. MARGARET MOLTER, Defendant. ) ) ) ) ) ) ) ) ) ) No. CR 04-00539-PHX-MHM

REQUEST FOR LEAVE TO LATE FILE OBJECTIONS TO PRESENTENCE REPORT

The Defendant, Margaret Molter, through counsel Michael B. Bernays, hereby requests leave of the Court to file objections to the pre-sentence report past the previously set due date of June 11, 2007. At the time that counsel began working on these objections, he looked for, and could not locate in any of his files, a date to which the time to file such objections had been extended following the last continuance of the sentencing date. Counsel contacted Justine Kozak, author of the pre-sentence report in this matter, to find out from her when the objections were due. Ms. Kozak also could not find any order of the Court setting a due date, and therefore calculated a due date based on the current sentencing date. Ms. Kozak calculated that date to be July 9, 2007. Counsel thus scheduled the completing of those objections to be done for filing on July 9, 2007. Over this past weekend, as counsel was finalizing the objections, counsel found the order setting June 11, 2007, for the date for such filing. Counsel apologizes to the Court for this error in calendaring, but would request leave to file these objections at this date. Counsel has spoken with Mr. Sukenic of the United States Attorney's Office who has

Case 2:04-cr-00539-MHM

Document 222

Filed 07/09/2007

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authorized counsel to state that he does not object to this request being granted. RESPECTFULLY SUBMITTED this 9th day of July, 2006.

/s Michael B. Bernays Copy of the foregoing e-mailed via ECF this 9th day of July, 2006 to: Howard Sukenic Assistant United States Attorney Two Renaissance Square 40 North Central, Ste. 1200 Phoenix, AZ 85003 David C. Derickson 3636 North Central, Ste. 1150 Phoenix, AZ 85012 Attorney for Defendant John R. Wolfe Michael D. Kimerer 221 East Indianola Phoenix, AZ 85012 Attorney for Defendant Angelo Tullo Dave Appleton 8711 East Pinnacle Peak Rd., #109 Scottsdale, AZ 85255-3517 Attorney for Defendant Gene Monteleone Jess A. Lorona 40 North Central, Ste. 2800 Phoenix, AZ 85004 Attorney for Defendant James Nova /s Michael B. Bernays

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Case 2:04-cr-00539-MHM

Document 222

Filed 07/09/2007

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