Free Motion to Continue - District Court of Delaware - Delaware

Case 1:08-cr-00028-SLR

Document 16

Filed 07/24/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAVID P. RAHN, Defendant.

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Criminal Action No. 08-28-SLR

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, David P. Rahn, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Rahn avers as follows: 1. On or about May 21, 2008, Mr. Rahn appeared before this Court and plead guilty to

counts one and two of the Indictment charging him with mail fraud, in violation of Title 18, United States Code, § 1341. Sentencing is currently set for August 26, 2008. 2. Mr. Rahn is requesting a postponement of the Sentencing Hearing because defense

counsel is awaiting the completion of a forensic evaluation and report of Mr. Rahn by Gary M. Glass, M.D., Forensic Psychiatrist. 3. Dr. Glass, met with and conducted a psychological examination and testing on Mr.

Rahn on June 24, 2008. However, because of the complexities involved, he has not completed the full analysis and report as of the date of this motion. Moreover, Dr. Glass has found it necessary to

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Case 1:08-cr-00028-SLR

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Filed 07/24/2008

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conduct further psychological testing of Mr. Rahn 4. Counsel believes that Dr. Glass' assessment of Mr. Rahn will be germaine to support

the defense's efforts at sentencing mitigation. 5. postponement. 6. Counsel has discussed the need for this postponement with Mr. Rahn and he is in full Neither the government nor the probation office objects to Mr. Rahn's request for a

agreement with the request. 7. Accordingly, defendant believes that, in the interests of justice, a postponement of the

Sentencing Hearing is warranted. WHEREFORE, the Defendant, David P. Rahn, respectfully requests that this Court issue an Order postponing the Sentencing Hearing for approximately 45 days, until or about September 29th or 30th, 20081 if such date is consistent with the Court's calendar.

Respectfully submitted, /s/ Edson A. Bostic Edson A. Bostic, Esquire Federal Public Defender Attorney for David P. Rahn One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Dated: July 24, 2008

Counsel for the government has informed that he will be unavailable due to earlier personal commitments, from October 1 through October 20, 2008. Therefore, alternatively, Counsel would respectfully request that the Court schedule the matter for a date after October 20, 2008. PDF created with pdfFactory Pro trial version www.pdffactory.com

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Case 1:08-cr-00028-SLR

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Filed 07/24/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAVID P. RAHN, Defendant.

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Criminal Action No. 08-28-SLR

ORDER Having considered Defendant's Unopposed Motion For Postponement Of Sentencing Hearing; IT IS HEREBY ORDERED this Defendant Rahn's Sentencing Hearing shall be on the at ______ a.m./p.m. day of day of , 2008, that , 2008,

Honorable Sue L. Robinson United States District Court

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