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Bruce Feder (AZ Bar No. 004832)

FEDER LAW OFFICE PA

2930 E. Camelback Road, Suite 160

Phoenix, Arizona 85016

Telephone: (602) 257-0135

bf@federlawpa.com 

Attorney for Scott Spear

Eric W. Kessler, Esq. (AZ Bar No. 009158) 

KESSLER LAW GROUP

9237 E. Via De Ventura

Suite 230

Scottsdale, AZ 85258

Telephone: 480.644.0093

Eric@kesslerlawgroup.net 

Attorney for Scott Spear

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff,

vs.

Scott Spear, et al., 

 

Defendants.

Case No. CR18-00422-PHX-DJH-003

DEFENDANT SPEAR’S MOTION TO 

CONTINUE SENTENCING, AND 

JOINDER TO CO-DEFENDANT 

MICHAEL LACEY’S SENTENCING 

CONTIUANCE REQUEST

The defendant, Scott Spear, by and through his attorneys undersigned, moves this 

court for its order continuing the present sentencing date from May 1, 2024, to no earlier 

than July 5, 2024, for the reasons that:

1) It is believed the proper sentencing guideline determination will be 

complex and that expert assistance will be needed, given the relative uniqueness of the 

present case, particularly given the paucity of guideline calculations for the use of the 

Travel Act to a social media company protected by the First Amendment and § 230 of 

Case 2:18-cr-00422-DJH Document 2048 Filed 03/27/24 Page 1 of 4
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the Communications Decency Act (CDA 230). It is anticipated that counsel for Mr. 

Spear will seek expert assistance in calculating and filing any necessary objections to 

the guideline calculations. As of the day of filing, counsel has not yet received a draft 

PSR, and anticipates it will not be filed for two weeks from today’s date;

2) Mr. Spear has substantial physical and other health considerations that are 

relevant to sentencing mitigation and also potential placement in the Federal Bureau of 

Prisons, including his age (73), and his serious spinal and respiratory problems (Counsel 

is still in the process of gathering all documentation necessary for the pre-sentence report 

writer, the BOP, and potential relevant experts). More specifically, these considerations 

are relevant to Mr. Spear's ability to withstand incarceration if this Court should consider 

such an outcome. The defense is in the process of retaining these experts but needs 

additional time for such experts to initiate and complete their work. It will likely be 

impossible to complete this preparation before the present May 1, 2024 sentencing date, 

especially as the initial PSR calculations will not be disclosed until 04/10/2024. One 

expected expert anticipates needing until at least mid-June to complete her work;

3) Given Mr. Spears’ age, health, and the limited life expectancy of 

incarcerated individuals, it is likely that ANY term of imprisonment for Mr. Spears could 

amount to a life sentence. As such, even putting aside the uncertain guideline range, the 

stakes at sentencing could not be higher. Defense counsel requires additional time to 

adequately prepare for sentencing;

4) The undersigned attorney has preplanned, prepaid travel plans to be outside 

of the state and country from the first week of May until on or about June 16, 2024. To 

comply with this court's order to file any sentencing memorandum six business days 

prior to sentencing, the present requested sentencing date is no earlier than July 5, 2024.

5) This Court previously scheduled sentencing for Defendant Spear, Brunst, 

and Lacey on May 1, 2024. The government stipulated to continue the sentencing of Mr. 

Brunst to mid-June, 2024;

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6) Defense counsel have consulted with the assigned prosecutors who indicate

they will file their position in the near future.

7) Defendant Spear also joins in the sentencing continuance motion filed by 

co-defendant Michael Lacey, in all respects, as said motion applies to Mr. Spear as well. 

 

RESPECTFULLY SUBMITTED this 27th day of March, 2024. 

FEDER LAW OFFICE, PA

s/ Bruce Feder 

Bruce Feder

Attorneys for Scott Spear

KESSLER LAW GROUP

s/ Eric Kessler (signed w/ permission)

Eric Kessler

 Attorneys for Scott Spear

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CERTIFICATE OF SERVICE 

I hereby certify that on March 27, 2004, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of 

a Notice of Electronic Filing to the CM/ECF registrants who have entered their 

appearance as counsel of record. 

Clerk of the Court

United States District Court

Sandra Day O’Connor U.S. Courthouse

401 W. Washington Street

Phoenix, AZ 85003

Efiling: https://ecf.azd.uscourts.gov/cgi-bin/login.pl

THE HONORABLE DIANE J. HEMETEWA

United States District Court

Email: Hemetewa_chambers@azd.uscourts.gov 

Erin E. McCampbell, emccampbell@lglaw.com

Paul J. Cambria, pcambria@lglaw.com

Gary S. Lincenberg, glincenberg@birdmarella.com

Gopi K. Panchapakesan, gpanchapakesan@birdmarella.com

Attorneys for Defendants

Andrew Stone Andrew.Stone@usdoj.gov

Daniel Boyle Daniel.Boyle2@usdoj.gov

Peter Kozinets Peter.Kozinets@usdoj.gov

Joseph Bozdech Joseph.Bozdech@usdoj.gov

Margaret Perlmeter Margaret.Perlmeter@usdoj.gov

Kevin Rapp Kevin.Rapp@usdoj.gov

Austin Berry berry2.austin@usdoj.gov 

Attorneys for United States of America

Angela Leonard Angela_Leonard@azd.courts.gov Presentence Report Writer

U.S. Adult Probation 

By: /s/ M. Evans 

Case 2:18-cr-00422-DJH Document 2048 Filed 03/27/24 Page 4 of 4