Free Motion to Extend Time - District Court of Arizona - Arizona

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Tonya J. McMath State Bar #012281 111 West Monroe, Suite 1650 Phoenix, Arizona 85003 (602) 254-5544 Attorney for Defendant UNITED STATES DISTRICT COURT

5 DISTRICT OF ARIZONA 6 7 8 9 10 11 Defendant, Paul K. Bryan, through undersigned counsel, respectfully moves this Court to 12 extend the date for his voluntary self-surrender to the Bureau of Prisons for service of his sentence 13 for an additional thirty (30) days until the time of designation or no later than 12:00 p.m. on July 14 5, 2006. The reason for this motion is that, at the time of Mr. Bryan's sentencing on April 11, 15 2006, it was specifically contemplated that Mr. Bryan be classified to an institution prior to his 16 self-surrender date and that a motion to extend Mr. Bryan's self-surrender date may be 17 forthcoming if designation was unlikely to occur by the original self-surrender deadline of June 18 5, 2006. (See Partial Transcript of Sentencing Proceedings conducted April 11, 2006, pp. 69-72, 19 attached hereto as Exhibit "A"). 20 Last week, undersigned counsel's office made contact with Randy Fiorina at the United 21 States Marshal's Office who indicated that, although Mr. Bryan's paperwork had been forwarded 22 to the Bureau of Prisons on April 27, 2006, and that the Bureau of Prisons has been completing 23 designations in a rough time frame of 30 days, it still was uncertain whether Mr. Bryan's 24 designation would be accomplished prior to the present self-surrender deadline and that no 25 additional information regarding the timing thereof likely would be available until the Marshal's 26 Office actually receives his designation information from the Bureau of Prisons. 27 28 ) ) Plaintiff, ) v. ) ) Paul K. Bryan, ) ) Defendant. ) ____________________________________) United States of America, No. CR 03-1269-PHX-NVW REQUEST TO EXTEND DATE FOR VOLUNTARY SELF-SURRENDER

Case 2:03-cr-01269-NVW

Document 276

Filed 05/15/2006

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Given this information, counsel has elected to file the instant motion in an abundance of caution at the present time. Obviously, should Mr. Bryan's designation be accomplished prior to the original self-surrender deadline of June 5, 2006, that deadline effectively will have remained unchanged. Undersigned counsel has contacted Assistant United States Attorney Michelle R. Hamilton who has indicated that the government does not oppose the requested extension. Respectfully submitted this 15th day of May, 2006. By _/s/ Tonya J. McMath Tonya J. McMath Attorney for Defendant Copy of the foregoing filed/delivered via the CM/ECF system this 15th day of May, 2006 and delivered to the following ECF registered recipients: Michelle R. Hamilton 40 North Central, Ste. 1200 Phoenix, AZ 85004 Paul V. Rood 40 North Central, Ste. 1200 Phoenix, AZ 85004 By /s/ T. McMath

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Case 2:03-cr-01269-NVW

Document 276

Filed 05/15/2006

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