IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 3:06CR210-MEF

)

MELISSA WARD )

DEFENDANT WARD’S MOTION TO CONTINUE SENTENCING

AND TO OBJECT TO PRESENTENCE REPORT

Defendant Ward, through counsel, moves this Honorable Court to continue the

sentencing in this matter, and as grounds for this Motion says:

1. Counsel for the Defendant is scheduled for a three-week trial before the

Honorable Jacob Walker, Lee County Circuit Court, in Case No. CV-02-85, Davis v. Hanson,

commencing on January 29, 2007. Despite efforts to settle, this very complex litigation

involving a quarry causing damages to the roads in Lee County, Alabama, will not settle

and will definitely go to trial on January 29, 2007. It is scheduled for three weeks, and is

not expected to conclude before February 16, 2007.

2. This Court scheduled the sentencing in this matter for February 15, 2007.

Obviously, counsel cannot appear at that time.

3. Counsel for Defendant and Defendant have met on several occasions

regarding her rather unusual situation. It would be most unfair to the Defendant to not

have the undersigned counsel represent her during the sentencing of this matter due to the

nature of the expected testimony to be offered by the Defendant at sentencing.

Accordingly, because of counsel’s conflict, counsel requests that this Court continue the

sentencing for approximately two weeks. Counsel has no conflicts in the several weeks

Case 3:06-cr-00210-MEF-CSC Document 23 Filed 01/24/2007 Page 1 of 3
2

after February 15, and does not have another conflict of significance until the first week in

May, when, again, the same case (different parties through bifurcation) will be trying the

case for two or three weeks again.

4. In addition, counsel moves this Honorable Court to continue the date for

meeting with the probation officer and for submitting objections to the presentence report.

The presentence report was sent to the undersigned on or about January 17, and was not

received by theundersigned until approximately January 19. The undersigned did not see

the document until Monday, January 22, and even at that time, counsel was preparing for

the Lee County trial. Counsel has had no opportunity at all to meet with Defendant

regarding this presentence report. In point of fact, depositions in the Lee County case

matter were being taken all of this week, and counsel has been busy filing numerous

motions and responses to motions in that case. Even after receiving the presentence report,

counsel has been meeting with witnesses and otherwise preparing for this Lee County trial

and has not been able to meet with Defendant. Counsel has sent a copy of the presentence

report to the Defendant, but as stated, has not had an opportunity to talk with her about

it.

WHEREFORE, counsel moves this Honorable Court to continue the sentencing of

this matter from February 15, 2007, because of counsel’s inability to attend (as counsel will

be in trial in Lee County), and further moves this Honorable Court to continue the date for

objecting to the presentence report and for having a conference with the probation officer

regarding this matter.

Case 3:06-cr-00210-MEF-CSC Document 23 Filed 01/24/2007 Page 2 of 3
3

Respectfully submitted this the 24 day of January, 2007. th

s/ C. E. Vercelli, Jr._________________________

 CHARLES E. VERCELLI, JR. (VER003)

OF COUNSEL:

VERCELLI & ASSOCIATES, P.C.

1019 S. Perry Street

Montgomery, AL 36104-5049

TEL: 334-834-8805

FAX: 334-834-8807

cvercelli@vercelli-law.com

CERTIFICATE OF SERVICE

I hereby certify that on January 24 , 2007, I electronically filed the foregoing with th

the Clerk of the United States District Court for the Middle District of Alabama, using the

CM/ECF system, which will send notification of such filing to the United States Attorney

and to all counsel of record. 

s/ C. E. Vercelli, Jr.___________________

Of Counsel

519-06\Mot-Cont-Resch-Sentencing.3.wpd

Case 3:06-cr-00210-MEF-CSC Document 23 Filed 01/24/2007 Page 3 of 3