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United States v. Burrell

November 13, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DONALD HAYLES DEFENDANT.



The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.

MOTION AND [PROPOSED] ORDER TO CONTINUE DEFENDANT'S SENTENCING HEARING

COMES NOW Defendant, Donald Hayles, by and through counsel, Adam D. Fein, and moves this Court to continue the sentencing hearing presently scheduled for November 14, 2008 at 9:00 a.m. to January 9, 2009 at 9:00 a.m. In support of this motion, Defendant states as follows:

1. Defendant is scheduled for sentencing on November 14, 2008.

2. On November 7, 2008, counsel was unexpectedly appointed to represent Mr. Bobby James Williams, Jr., in cause number 4:07-cr-739 RWS, in the federal district court for the Eastern District of Missouri. Counsel is the third attorney to represent Mr. Williams in almost as many months. Mr. Williams' case is scheduled for trial on November 24, 2008, and Mr. Williams will not waive his rights under 18 U.S.C. § 3161 et. seq. to extend the time in which he might otherwise proceed to trial. As a result, his trial will commence as scheduled on November 24, 2008.

3. Mr. Williams' is charged in a multi-defendant narcotics and money laundering conspiracy. To prepare for trial, counsel must review a substantial amount of discovery material, a good portion of which he has not yet received and will not receive until tomorrow's date, November 13, 2004. In addition, counsel must locate and interview witness identified by Mr. Williams and subpoena a variety of documents, some of which are located outside the state of Missouri.

4. At the same time, counsel is preparing for trial in two additional cases, United states of America v. Markeith Reynolds, cause number 3:08-cr-30172 DRH, and United States of America v. Antwain Smith, 4:08-cr-533 CAS, both of which are scheduled to begin in the first two weeks of December.

5. During this same period, counsel must prepare memoranda and motions in a fair number of additional federal cases pending in both the Eastern District of Missouri and the Southern District of Illinois.

6. At present, therefore, the demands on counsel's time are unexpectedly quite significant.

7. For this reason, Defendant, through counsel, files this motion.

8. Defendant, through counsel, has discussed this matter with assistant United states attorney Jill Thomas. Ms. Thomas does not object to Defendant's request.

WHEREFORE, Defendant respectfully requests this Honorable Court continue the sentencing hearing presently scheduled for November 14 2008 at 9:00 a.m. to January 9, 2009 at 9:00 a.m.

Respectfully Submitted,

Adam D. Fein Attorney for defendant ...


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