Free Motion to Continue - District Court of Delaware - Delaware

Case 1:07-cr-00110-GMS

Document 11

Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOSE MANUAL ROA-BELMONTE, Defendant.

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Criminal Action No. 07-110-GMS

DEFENDANT'S UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Jose Manual Roa-Belmonte, by and through his undersigned counsel, Luis A. Ortiz, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Roa-Belmonte avers as follows: 1. On or about September 14, 2007, Mr. Roa-Belmonte appeared before this Court and

plead guilty to Count I of the Indictment charging him with, Illegal Re-entry in violation of Title 8 U.S.C. § 1326(a). Sentencing is currently scheduled for January 18, 2007. 2. The Memorandum of Plea Agreegment stated that the Defendant faced a maximum

period of incarceration of two years. 3. In the course of its presentence investigation, the Pretrial Services Officer, found that

Mr. Roa-Belmonte has a prior conviction that may be an aggravated felony increasing the maximum period of incarceration from two years to twenty years. 4. Accordingly, Mr. Roa-Belmonte respectfully requests a continuance of the Sentencing

Hearing so that defense counsel can have the opportunity to conduct a more thorough investigation

Case 1:07-cr-00110-GMS

Document 11

Filed 12/14/2007

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of his alleged prior conviction and the appropriate statutory maximum in this case. 5. The government and the probation department have been informed of this request, and

do not object to a continuance. WHEREFORE, the Defendant, Jose Manuel Roa-Belmonte, respectfully requests that this Court issue an Order continuing the Sentencing Hearing for thirty days.

Respectfully submitted,

___/s______________________ Luis A. Ortiz, Esquire Assistant Federal Public Defender One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Attorney for Jose Manuel Roa-Belmonte

Dated: December 14, 2007

Case 1:07-cr-00110-GMS

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Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOSE MANUEL ROA-BELMONTE, Defendant.

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Criminal Action No. 07-110-GMS

ORDER Having considered Defendant's Unopposed Motion For Continuance Of Sentencing Hearing; IT IS HEREBY ORDERED this day of day of , 2007, that , 2008,

Defendant Roa-Belmonte's Sentencing Hearing shall be on the at ______ a.m./p.m.

Honorable Gregory M. Sleet Chief Judge, United States District Court