Free Motion to Continue Sentencing - 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 Margaret Molter

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. ANGELO TULLO, et al., Defendant. ) ) ) ) ) ) ) ) ) ) No. CR 04-00539-PHX-MHM

STIPULATION CONTINUING SENTENCING

The United States of America, through it's counsel Howard Sukenic, Assistant United States Attorney, and the Defendants in the above captioned case, Angelo Tullo through his counsel, Michael D. Kimerer; Gene Monteleone, through his counsel, Dave Appleton; Allan Guttentag, through his counsel, Martin Lieberman; James Nova, through his counsel, Jess A. Lorona; John R. Wolfe, through his counsel Dave Derickson; and Margaret Molter, through counsel Michael B. Bernays, hereby stipulate that the sentencing hearing scheduled in this matter for December 6, 2006, be continued for approximately 6 months. Counsel for all the defendants and for the government have been striving, together with the probation officers assigned to prepare the pre-sentence reports in this matter, to work through a very factually complex indictment in order to fairly and accurately assess culpability and loss/gain for the purpose of the calculations required to be made under the United States Sentencing Guidelines. The parties all hope, by

collaborating on this process, to avoid a lengthy exchange of objections and responses to the pre-sentence reports, and to achieve some uniformity in the application of those

Case 2:04-cr-00539-MHM

Document 133

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guidelines. The additional time to request this hearing is necessary to allow the parties to resolve some factual disputes and to determine the proper guidelines under which to make these calculations, all with the assistance of the defendants and the case agents. Mr. Sukenic will be starting a trial in Tucson in February, and the parties therefore request the Court to set this matter in June so as to allow Mr. Sukenic time to complete his trial obligations in Tucson and to permit the resolutions of the factual issues discussed above. It is the parties anticipation that allowing this extra time will result in a material savings of the Court's time and resources in resolving what could be very complex objections to a pre-sentence report not prepared in concert with the participants. For all the foregoing reasons, the parties urge the Court to accept this stipulation and to continue the sentencing hearings in this case to a date and time convenient to the Court in June, 2007. RESPECTFULLY SUBMITTED this 28th day of November, 2006.

/s Michael B. Bernays Attorney for Defendant Margaret Molter /s Howard Sukenic Assistant United States Attorney /s David C. Derickson Attorney for Defendant John R. Wolfe /s Michael D. Kimerer Attorney for Defendant Angelo Tullo /s Dave Appleton Attorney for Defendant Gene Monteleone /s Martin Lieberman Attorney for Defendant Allan Guttentag /s Jess A. Lorona Attorney for Defendant James Nova

Copy of the foregoing e-mailed via

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ECF this 28th day of November, 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 Martin Lieberman 3839 N. 3rd Street, Suite 400 Phoenix, AZ 85012 Attorney for Defendant Allan Guttentag 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 133

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