Free Motion to Continue - District Court of Arizona - Arizona

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Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-7003; fax 7008 Attorney for Defendant AZ Bar #005627 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOHN DELO NICHOLS, ) ) Defendant. ) ______________________________) No. CR 04-350-001-PHX-PGR DEFENDANT'S FIRST UNOPPOSED MOTION TO CONTINUE SENTENCING REPORT DATE DUE TO LACK OF BOP DESIGNATION

It is respectfully submitted that excludable delay pursuant to 14 18 U.S.C. §3161(h)(1) will not occur as a result of this motion. 15 Defendant, John Nichols (Defendant), by counsel undersigned, 16 respectfully moves the court for an order continuing his date to 17 report to the BOP designated institution, or alternatively, to the 18 Marshals, which date is presently noon on October 19, 2006, on the 19 following grounds: 20 1. 21 motion. 22 2. 23 months imprisonment. 24 3. 25 is to self surrender to the BOP facility: 26 27 28 The Court orders commitment to the custody of the Bureau of Prisons. The defendant shall self-surrender for service of sentence at the institution designated by the Bureau of Prisons or United States Marshal by 12:00 p.m. At Defendant's request, this court ordered that Defendant On September 19, 2006 Defendant was sentenced to seven Counsel for the government does not object to this

Case 2:04-cr-00350-PGR

Document 48

Filed 10/18/2006

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on 10/19/2006. To date Defendant has not received the BOP designation. Defense counsel contacted BOP and was informed that designations are no longer given out of the Phoenix office, but are now given out of an office in Texas, and Defendant has not yet received a designation. If Defendant reports to the Marshal before a designation is received, he will be incarcerated temporarily at CCA/CDC in Florence at additional government expense, and he will be transported at additional government expense from Florence to the designated institution. A self-surrender will be at Defendant's expense. THEREFORE, for the reasons stated above, Defendant

requests an order continuing for 30 days the date for selfsurrender to the designated institution, or alternatively to the Marshal, from October 19 until Monday, November 20, 2006. RESPECTFULLY SUBMITTED this 18th day of October, 2006. /s/ Donald W. MacPherson The MacPherson Group 7508 N. 59th Avenue Glendale, AZ 85301 623-209-2003; fax 2008 Attorney for Defendant Copy of the foregoing emailed this date, October 18th, 2006, to:

23 24 25 26 27 28 Daniel Drake Asst. U.S. Attorney 40 N. Central, #1200 Phoenix, AZ 85004-4408 Ph. 602-514-7500; fax 7537 [email protected] /s/
deb\Nichols\Mtn to continue report date

Case 2:04-cr-00350-PGR

Document 48

Filed 10/18/2006

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