Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 779

Cygnus Systems, Inc. v. Microsoft Corporation, et al

Doc. 779

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DANIEL G. KNAUSS United States Attorney District of Arizona CLAIRE K. LEFKOWITZ Assistant U.S. Attorney State Bar No. 012240 405 W. Congress, Suite 4800 Tucson, Arizona 85701 Telephone: [phone] [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) ) Camilo Andres Ruiz-Torres, ) Defendant. ) ) _________________________________ ) United States of America,

CR 06-2040-TUC-FRZ (CRP) GOVERNMENT'S MOTION TO CONTINUE SENTENCING (1st Request)

Plaintiff, United States of America, by and through its undersigned counsel, hereby respectfully requests that this Court continue the sentencing of Camilo Andres Ruiz-Torres presently scheduled for October 1, 2007 at 1:30 p.m. for a period of at least 10 days but before October 16, 2007. Counsel for the government will be out of the District from October 16, 2007, through November 2, 2007. The reason for the continuance is that on September 10, 2007, defense counsel filed a motion for extension of time to September 12, 2007, to file objections to the Presentence Report. As a courtesy, the government did not object to defendant's motion. This Court granted defendant's motion in its Order of September 11, 2007. When no objections were received by the government by September 17, 2007, undersigned counsel called defense counsel to determine the status of the objections. Defense counsel's outgoing voicemail indicated that she was out of the office

Dockets.Justia.com

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and would return on September 24, 2007. On September 25, 2007, undersigned counsel received a courtesy email copy of a Sentencing Memorandum filed under seal by the defendant. Upon review of the document, the government realized that despite being labeled as a Sentencing Memorandum, it was actually a document containing several motions for downward departure. This document was filed less than ten days before the current sentencing date, thereby not giving the government its requisite time to respond. Undersigned counsel has left messages for the defense counsel and the probation officer regarding this motion to continue but at the time of filing, has not received responses from either one. Respectfully submitted this 25th day of September, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Claire K. Lefkowitz CLAIRE K. LEFKOWITZ Assistant U.S. Attorney Copy of the foregoing served electronically or by other means this 25th day of September, 2007, to: Wanda K. Day Attorney for defendant Brett J. Snyder U.S. Probation Tucson, AZ 85701