Free Motion to Expedite - District Court of Delaware - Delaware

Case 1:07-cr-00131-JJF

Document 17

Filed 02/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JUAN CARBAJAL-MAGANA, Defendant.

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Criminal Action No. 07-131-JJF

MOTION FOR RESCHEDULING OF SENTENCING Defendant, Juan Carbajal-Magana, by and through his undersigned counsel, Keir Bradford, hereby moves the Court for an Order rescheduling the sentencing hearing in this case. In support of this motion, the defense submits as follows: 1. 2. Mr. Carbajal-Magana is scheduled for sentencing on April 3, 2008 at 11:00 a.m. Mr. Carbajal-Magana was arrested on or about October 10, 2007 for violation of

8 U.S.C. § 1326(a). Mr. Carbajal-Magana plead guilty to the above charge on December 17, 2007. 3. A presentence report was prepared in this case indicating an adjusted offense level

of 6 and a Criminal History Category of 1, with a Guideline range of 0-6 months. At the time of Sentencing, Mr. Carbajal-Magana would have served his full Guideline sentence. But for the fact that there was a belief that Mr. Carbajal-Magana had outstanding convictions that would affect his Guideline range, he would have been eligible for an expedited sentence like other similarly situated defendants. 4. Assistant United States Attorney, Leslie Wolfe, counsel for the government, and

United States Probation Officer, Jean Lubinsky, has no objection to the defense's rescheduling of

Case 1:07-cr-00131-JJF

Document 17

Filed 02/14/2008

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Sentencing request1. WHEREFORE, Mr. Carbajal-Magana respectfully requests that the Court expedite the Sentencing hearing in this matter.

Respectfully submitted,

/s/ Keir Bradford, Esquire Assistant Federal Public Defender 704 King Street, Suite 110 Wilmington, Delaware 19801 (302) 573-6010 [email protected] Attorney for Defendant Juan Carbajal-Magana

DATED: February 14, 2008

Ms. Lubinsky stated that she would have a revised copy of the presentence report ready for the Court immediately. 2

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Case 1:07-cr-00131-JJF

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Filed 02/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JUAN CARBAJAL-MAGANA, Defendant.

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Criminal Action No. 07-131-JJF

ORDER In response to Mr. Carbajal-Magana's Motion for Rescheduling of Sentencing, this Court HEREBY ORDERS on this ________ day of ____________________, 2008, that Defendant's sentencing hearing is rescheduled for the _______ day of _________________, 2008 at ________ a.m./p.m.

HONORABLE JOSEPH J. FARNAN, JR. United States District Court