Free Motion to Continue - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 3 850 West Adams, Suite 201 Phoenix, Arizona 85007-2730 4 Telephone: (602) 382-2755 5 DOUGLAS A. PASSON, # 017423 [email protected] 6 Asst. Federal Public Defender 7 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 No. CR-04-381-PHX-JAT 10 United States of America, 11 12 13 14 15 16 17 -vsNorris Marshall, et al., Defendant. Plaintiff, MOTION TO CONTINUE SENTENCING (Second Request) MOTION TO EXTEND DEADLINE FOR FILING OBJECTIONS TO PRESENTENCE REPORT (Second Request)

The defendant, Norris Marshall, by and through counsel respectfully

18 moves the Court for a continuance of the presently set sentencing date of October 19, 19 2005 on the following grounds: 20 1. Counsel only received the Presentence Report from Probation in this 21 22 23 24 25 matter on or about September 8, 2005. The materials were sent to Mr. Marshall on September 9, 2005. Although a meeting is currently scheduled to review the Presentence Report with Mr. Marshall, such meeting has not yet occurred. 2. Counsel is in need of additional time to review the Presentence

26 Report, meet with the client and discuss any necessary objections, and prepare any 27 needed sentencing memorandum. 28 3. This defendant is in not custody.

Case 2:04-cr-00381-JAT

Document 115

Filed 09/19/2005

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At the time of this filing, counsel for the Government, Timothy Duax,

2 has no objection to this request. 3 The defendant requests a continuance of the deadline to file objections 4 to the Presentence Report for two weeks and a continuing of the sentencing in this 5 matter for approximately two to three (2-3) weeks to allow undersigned counsel to be 6 7 prepared and able to render effective assistance of counsel consistent with the Sixth 8 Amendment guarantee for every defendant. 9 10 11 12 13 Respectfully submitted: September 19, 2005. JON M. SANDS Federal Public Defender s/ DOUGLAS A. PASSON DOUGLAS A. PASSON Asst. Federal Public Defender

14 I hereby certify that on September 19, 2005, I electronically transmitted the attached 15 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: 16 TIMOTHY DUAX 17 Assistant U.S. Attorney Two Renaissance Square 18 40 N. Central, Suite 1200 19 Phoenix, Arizona 85004-4408 20 Copy mailed to: 21 CARLOS VALENTIN U.S. Probation Office 22 Sandra Day O'Connor U.S. Courthouse 401 W. Washington Street, Suite 160 23 Phoenix, Arizona 85003 24 26 27 28 2 NORRIS MARSHALL 25 Defendant s/ S. Bereolos S. Bereolos

Case 2:04-cr-00381-JAT

Document 115

Filed 09/19/2005

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