United States District Court, S.D. New York
December 1, 2004.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
As discussed at the conference yesterday in the
above-referenced matter, the Government reviewed the motion
papers submitted by defense counsel, both with respect to the
motion to withdraw the guilty plea and the motion for a downward
departure. In order to respond to several of the arguments
raised, the Government anticipates submitting documentary
evidence and affidavits. To permit time to collect those
documents and prepare the affidavits, the Government respectfully
requests a brief adjournment of the sentence date currently
scheduled for December 10, 2004. The Government respectfully
proposes that it be permitted to submit responses to the motions
by December 10, 2004, and that the date for argument/sentence be
pushed back one week, to December 17, 2004. I spoke with Mr.
Rooney, counsel for defendant, who consents to this brief
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