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

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MICHAEL D. KIMERER, #002492 Kimerer & Derrick, P.C. 221 East Indianola Avenue Phoenix, Arizona 85012 Telephone: 602/279-5900 Facsimile: 602/264-5566 Attorney for Defendant Tullo

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, v. ANGELO S. TULLO, Defendant.

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No. CR04-00539-PHX-MHM MOTION TO CONTINUE SENTENCING

(Before the Honorable Mary H. Murguia)

Defendant, Angelo Tullo, through counsel undersigned, respectfully requests that the Sentencing for Angelo Tullo, now set for August 17, 2007, be continued until late October or early November 2007. This request is necessary to gather additional evidence regarding sentencing issues.

21 22 23 24 25 26 27 28 time of sentencing. However, following our latest meeting, it is now apparent that it will be necessary to return to the FBI office and retrieve credit card records from the files to facilitate this Both sides have filed objections to the Presentence Report and one of the major issues of dispute is the amount of personal gain which is to be used for Guideline calculations. Defense Counsel and Assistant United States Attorney, Howard Sukenic, participated in several meetings in an attempt to resolve this dispute so a lengthy evidentiary hearing will not be necessary at the

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process. Unfortunately, that will take additional time, and may be a fairly long and cumbersome process based upon prior efforts to obtain documents from the FBI files. Also, the schedules of counsel for both parties interfere with getting it done before the August 17, 2007 sentencing date. Defense counsel, Michael Kimerer, is committed to teaching at the Trial College for the State Bar during the week of July 23, and Howard Sukenic is starting a major trial in Tucson in

6 7 8 9 10 11 12 13 14 15 16 RESPECTFULLY SUBMITTED this 23rd day of July, 2007. 17 18 19 20 21 22 23 24 25 26 27 28 By:____S/Michael D. Kimerer_____ Michael D. Kimerer Attorney for Defendant Tullo Kimerer & Derrick, P.C. process. There is no objection to this motion by the Government, and attorney for defendant, Margaret Molter, Michael Bernays, joins in this request. Excludable delay under 18 U.S.C. Section 3161(h) in not expected to occur as a result of this motion or an order based thereon. August which will be lengthy. Also, Attorney Amy L. Nguyen, who is assisting Mr. Kimerer with sentencing, has just returned from maternity leave and needs additional time to review the case. Counsel have discussed this situation and agree that an early November date, would give them ample time to resolve financial issues, which will substantially expedite the sentencing

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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 28 By: S/Nancy M. Alexander

CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on July 23rd, 2007, I electronically transmitted the attached Motion to the Clerk of the Court using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Howard D. Sukenic, Esq. Assistant United States Attorney 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Michael Bernays, Esq. 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant Molter Mark Nebgen United States Probation Officer

A COURTESY COPY of the foregoing was sent via e-mail and regular U.S. Mail to: The Honorable Mary H. Murguia United States District Judge 401 W. Washington Phoenix, AZ 85003

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