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

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Daniel G. Knauss United States Attorney District of Arizona Howard D. Sukenic Assistant U.S. Attorney Arizona State Bar No. 011990 Howard. [email protected] Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-04-0539-PHX-MHM Plaintiff, v. Angelo S. Tullo et. al., Defendants. The United States of America, by and through undersigned counsel, moves this Court to continue the sentencing of all six defendants, currently set for March 7, 2007, for the following reason: Undersigned counsel is set for trial in U.S. v. Sutton and Westfall, CR 05-0826-TUC-CKJ (BPV). The trial is set to begin on February 27, 2007, and could last as long as four weeks. Although settlement is always a possibility, this case does not appear to be one that can be resolved without a trial. There are no current plea negotiations. Given the fact that the instant case is highly technical and complex, and also that undersigned counsel is the only prosecutor assigned to the matter, it would be extremely difficult for another AUSA to cover the sentencings. The government has communicated with both probation officers and they do not have an objection to a continuance. Furthermore, in past conversations with defense counsel, the matter of this trial was discussed. There was no objection by any of the defense counsel to the government's proposal to continue the sentencing so that undersigned counsel may participate. GOVERNMENT'S MOTION TO CONTINUE SENTENCING

Case 2:04-cr-00539-MHM

Document 142

Filed 02/05/2007

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Therefore, it is respectfully requested that this Court continue all six sentencings

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either the month of May or June 2007, to allow undersigned counsel the ability to complete the trial and to attend these important proceedings. Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this motion or an order based thereon.

Respectfully submitted this 5th. day of February 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ Howard D. Sukenic Howard D. Sukenic Assistant U.S. Attorney

the government would have no objection if, upon request of any of the defense counsel, to also moving the due date for objections, responses and sentencing memoranda. 2

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Case 2:04-cr-00539-MHM

Document 142

Filed 02/05/2007

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CERTIFICATE OF SERVICE I hereby certify that on February 5, 2007 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: David G. Derickson Attorney at Law Michael Kimerer Attorney at Law Marty Lieberman Attorney at Law David Appleton Attorney at Law Michael Bernays Attorney at Law Jess Lorona Attorney at Law Mark Nebgen United States Probation Officer Justine L. Kozak Senior United States Probation Officer s/ Howard D. Sukenic Howard D. Sukenic

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Case 2:04-cr-00539-MHM

Document 142

Filed 02/05/2007

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