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 UNOPPOSED MOTION TO CONTINUE SENTENCING

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.1 15 Defendant, through counsel undersigned, respectfully moves the 16 court to continue for at least 90 days the sentencing currently set 17 for December 12, 2005. This motion is based on the following 18 grounds: 19 1. 20 objection to this motion. 21 2. 22 that (a) the subject returns for 1997-1999 can be prepared and 23 filed, and (b) the returns for 2000-2004 can be prepared and filed. 24 3. The parties have records of income for the subject/earlier 25 years, but not for expense. 26 27
1

Counsel for the Government has been contacted and has no

Defendant has been fully cooperating with IRS to the end

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Defendant has included excludable delay language in his proposed order in event the court disagrees. Document 28 Filed 11/30/2005 Page 1 of 2

Case 2:04-cr-00350-PGR

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4.

This case is a logistical nightmare for reason that

Defendant has expense records for recent years, but none for the subject years, and thus, it is likely that the parties will agree to an indirect method of preparing the subject years; i.e., reliance upon the expense numbers for the years for which he has accurate records (average expenses as percentage of gross income). 5. Moreover, Defendant has submitted to the government

information he believes is helpful to the government and asks that it be evaluated for purpose of possible §5K1.1 motion for downward departure. The government will need additional time to consider and investigate Defendant's information. WHEREFORE, Defendant requests an order of this court

continuing the sentencing at least 90 days, from December 12, 2005 until a date no earlier than March 13, 2006. DATED this 30th day of November, 2005. By__/s/______________ Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-2003; fax 7008 Attorney for Defendant Copy of the foregoing by fax and mail this 30th day of November, 2005, to: Daniel Drake Asst. U.S. Attorney 40 N. Central , #1200 Phoenix, AZ 85004-4408 Ph. 602-514-7500; fax 7694
u:\deb\Nichols\continueDecSentencing

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