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 9 10 11 12 13 14 15 16 17 18 19 20 -vsNorris Marshall, et al., Defendant. MOTION TO EXTEND DEADLINE FOR FILING OBJECTIONS TO PRESENTENCE REPORT (First Request) United States of America, No. CR-04-381-PHX-JAT Plaintiff, MOTION TO CONTINUE SENTENCING (First Request) DISTRICT OF ARIZONA

Defendant Norris Marshall, by and through undersigned counsel, moves this Court to enter an order continuing the sentencing hearing in this case for an

21 additional thirty days from the current date of September 12, 2005. The reason for 22 the continuance is that undersigned counsel has not yet received a copy of the draft 23 presentence report as of the date of the filing of this motion. Mr. Marshall's draft 24 presentence report was due on August 8, 2005. Mr. Marshall's current deadline for 25 26 27 28 objections is today, August 18, 2005. Upon receipt, the defense will require an additional period to address objections, and, if necessary, gather mitigation. ... ...

Case 2:04-cr-00381-JAT

Document 101

Filed 08/18/2005

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Mr. Marshall respectfully requests that the Court set a new deadline for

2 objections that is two (2) weeks from the date this office receives the report from the 3 probation office pursuant to Rule 32(f)(1) of the Federal Rules of Criminal Procedure, 4 which provides that the parties must submit objections to the presentence report 5 within fourteen days after receiving the report. 6 Defense counsel attempted to contact the Assistant United States 7 8 Attorney assigned to this case, Timothy Duax, concerning this motion, but was unable 9 to reach him at the time of this filing. 10 11 12 13 14 Respectfully submitted: August 18, 2005. JON M. SANDS Federal Public Defender s/ DOUGLAS A. PASSON DOUGLAS A. PASSON Asst. Federal Public Defender

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

Case 2:04-cr-00381-JAT

Document 101

Filed 08/18/2005

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