IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Transcription

1 UNITED STATES OF AMERICA NO CR-385 vs. (JUDGE CONABOY) MICHAEL T. TOOLE UNOPPOSED MOTION FOR CONTINUANCE OF SENTENCING HEARING AND NOW comes the Defendant,, by and through his counsel, Frank W. Nocito, Esquire and John Rogers Carroll, Esquire, and moves for a continuance of the sentencing hearing scheduled in this case, and in support thereof sets forth the following 1. The Defendant,, appeared before this Honorable Court and entered a plea of guilty to the following offenses Count 1, Honest Services Wire Fraud, 18 U.S.C and 1346 and, Count 2, Making and Subscribing a False Individual Tax Return, 26 U.S.C. 7206(1).

2 2. At the time of the entry of the aforesaid plea of guilty, three (3) cases relating to Honest Services Wire Fraud, 18 U.S.C and 1346, were pending in the United States Supreme Court. 3. The parties in this case agreed, with this Honorable Court s approval, to postpone sentencing during the pendency of these relevant cases in the Supreme Court, insofar as one of the charges to which the Defendant has entered a plea of guilty is Honest Services Wire Fraud, 18 U.S.C and Sentencing in the instant matter is currently scheduled for August 5, The United States Supreme Court recently decided the said cases relating to Honest Services Wire Fraud, 18 U.S.C and 1346; counsel for the Government and counsel for the Defendant agree that the decision in Skilling v. United States, 2010 WL , has directly impacted Count 1 in the instant case. 6. All counsel agree that Count 1 is undermined by Skilling s interpretation of 1346 and is no longer viable; accordingly, all counsel agree that sentencing on Count 1 cannot go forward. 7. Counsel for both parties are actively discussing how they will proceed in light of Skilling. 2

3 8. All counsel agree that a continuance of the sentencing hearing scheduled in this case is appropriate and in the interest of justice. 9. Undersigned counsel has discussed the instant Motion with counsel for the Government, who stated that the Government concurs in the instant Motion. WHEREFORE, the Defendant,, respectfully requests, with the concurrence of the Government, that the sentencing hearing in this case be continued for twenty-one (21) days to some time after August 26, /s/ Frank W. Nocito, Esquire Fax Pa. Supreme Court ID #39881 Dated August 2, 2010 /s/ John Rogers Carroll, Esquire JOHN ROGERS CARROLL, ESQUIRE 130 Spruce Street, 27B Philadelphia, PA Fax

4 UNITED STATES OF AMERICA 3CR vs. (Judge Conaboy) MICHAEL T. TOOLE CERTIFICATE OF CONCURRENCE On July 30, 2010, counsel for the Defendant discussed the foregoing motion with Counsel for the Government who advised me that the Government concurs in the foregoing motion. /s/frank W. Nocito, Esquire Fax Pa. Supreme Court ID#39881

5 UNITED STATES OF AMERICA 3CR vs. (Judge Conaboy) MICHAEL T. TOOLE CERTIFICATE OF SERVICE I hereby certify that on August 2, 2010, I forwarded a true and correct copy of the foregoing Motion to the following person and in the manner indicated below Service by ECF as follows Michael A. Consiglio, AUSA United States Attorney s Office 228 Walnut Street Harrisburg, PA michael.consiglio@usdoj.gov /s/frank W. Nocito, Esquire Fax Pa. Supreme Court ID#39881