Free Motion to Continue - District Court of Delaware - Delaware

Case 1 :07-cr-00124-SLR Document 35 Filed 05/22/2008 Rage 3 I -.-,.·- n .-.3 an I- B Illn
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I _ UNITED STATES OF AMERICA, : ‘
U Plaintiff
v. Criminal Action No. 07-124-SLR
I JAMES L. CHEESEMAN, .
Defendant. ‘
UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING -
COMES NOW the United States of America, by and through its attorneys, Colm F.
Connolly, United States Attorney for the District of Delaware, and Keith M. Rosen, Assistant _
I - United States Attorney, and respectfully submits the following unopposed motion to continue the `
sentencing in this matter for a period of approximately three (3) weeks. In support; thereof, the
government submits the following:
I _ l. On February 21, 2008, defendant James L. Cheeseman pled guilty to one count of
L possession of a firearm by an unlawful drug user or addict, in violation of 18 U.S.C. _
· §§ 922(g)(3), 924(a)(2). At the conclusion of the Rule l 1 hearing, the Court released the
defendant on secured bail with various release conditions.
I 2. During the Rule ll hearing, undersigned counsel for the government advised the I
Court that the Memorandum of Plea Agreement accepted by the Court did not resolve the I D
I I r I outstanding forfeiture issues in this case. If a settlement can not be reached, an evidentiary
hearing on the forfeiture issues will be necessary prior to the imposition of sentence. E

I I Case 1 :07-cr-00124-SLR Document 35 Filed 05/22/2008 Page 2 of 3 A n if A I All
3. The defendant is currently represented by Joseph Hurley, Esq. Charles M. Oberly,
Esq., has also been retained by the defendant’s family, and has been the principal counsel for the
U defense with respect to the pending forfeiture issues. A
- 4. Since the entry of the plea, the parties have been attempting to negotiate a
settlement of the forfeiture claims. As of the date of this motion, a settlement has not been _
. reached, however negotiations are ongoing. Counsel for the parties agree that additional time
` would be helpful to their effort to attempt to reach a resolution without further litigation.
5. Accordingly, the government respectfully requests that the Court continue the
I A sentencing hearing for a period of approximately three (3) weeks. On May 22, 2008, Mr. Oberly
I was advised of the nature of this request, and represented that the defendant does not object. For
the Court’s information, Mr. Oberly advised that he would be unavailable on June 16-19, 2008. _
_ WHEREFORE, for the reasons set forth above, the United States respectfully requests-
U that the Court continue the sentencing hearing in this matter to permit the parties additional time
to attempt to resolve the outstanding forfeiture issues. I
. Respectfully submitted, _
‘ I I COLM F. CONNOLLY
-_ United States Attorney
l ·f , BY: U
Keith M. Rosen _
Assistant United States Attorney I I
‘ Dated: May 22, 2008 i I ‘

i' ` Case 1 :07-cr-00124-SLR Document 35 Filed `O5/22/2008 Page 3 of 3
CERTIFICATE OF SERVICE I
I, Theresa A. Jordan, an employee with the United States Att0rney's Office, hereby certify
that on May 22, 2008, I served the foregoing:
UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING
by causing two copies of said document to be served on counsel of record by hand delivery as
follows:
Joseph A. Hurley, Esq.
1215 King Street
Wilmington, DE 19801
Charles M. Oberly, III, Esq. l
W0ltB1ock
‘ 1100 N. Market Street
Suite 1001
Wilmington, DE 19801 I

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