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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS, and

3. ALOIS CRAIG WEINGART

Defendants.

JOINT MOTION TO CONTINUE SENTENCING HEARING

SCHEDULED FOR MAY 23, 2013, AT 9:00 A.M.

Defendant John Gallegos, through counsel William L. Taylor and Darlene A. Bagley, 

and the Government, through counsel Linda Kaufman and Martha Paluch, respectfully submit 

this Joint Motion to Continue Sentencing Hearing Scheduled for May 23, 2013, at 9:00 a.m. 

and as grounds state as follows:

1. On May 2, 2013, counsel for Mr. Gallegos and for the Government received an 

Order via the ECF system resetting Mr. Gallegos’ sentencing hearing, which had originally 

been scheduled for May 6, 2013, due to a conflict on the Court’s calendar: the jury trial in case 

number 12-cr-47-msk. [See Doc. 276.] The Order indicated that May 23, 2013, had been 

selected as the new date for the sentencing hearing. Counsel had not been contacted 

regarding their availability on this date and time prior to the Order being issued.

2. On May 2, 2013, counsel for Mr. Gallegos and for the Government jointly 

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contacted chambers via telephone to notify the Court that counsel for Mr. Gallegos had a 

scheduling conflict for May 23, 20131, and requested that a new date be set. Counsel for the 

Government had no objection to resetting the sentencing hearing.

3. During the teleconference on May 2, 2013, the clerk with whom counsel spoke 

offered a number of dates on which the Court would be available to reset the sentencing 

hearing. August 19, 2013, at 1:00 p.m. was the soonest date and time on which all counsel 

and the Court were next available. Counsel inquired whether a written motion to continue

would be necessary, to which the clerk replied that no written pleading was needed; that the 

May 23, 2013, date would be vacated; and that Mr. Gallegos’ sentencing hearing was now 

scheduled for August 19, 2013, at 1:00 p.m.

4. On today’s date, counsel for the Government had occasion to check this Court’s 

calendar for reasons unrelated to this case and learned that the May 23, 2013 hearing for Mr. 

Gallegos had, unbeknownst to all counsel, not been vacated. Counsel for both parties 

immediately contacted this Court’s chambers and were told they must file a written pleading 

requesting that the hearing be reset.

5. As represented on May 2, 2013, one of Mr. Gallegos’ counsel, Ms. Bagley, is out 

of state and unavailable on May 23, 2013. Further, as counsel anticipated the hearing to be on 

August 19, 2013, rather than in less than two days, it is unknown if Mr. Gallegos can arrange 

to be present on May 23, 2013.

6. As such, both counsel for Mr. Gallegos and counsel for the Government 

respectfully request that the May 23, 2013, hearing date be vacated and reset for August 19, 

2013, as previously anticipated.

WHEREFORE, Mr. Gallegos and the Government jointly request that this Court GRANT 

their joint motion to vacate the sentencing hearing currently set for May 23, 2013, and reset the 

 

1 Specifically, Ms. Bagley would be out of town on May 23, 2013, with visiting family from out of 

the country.

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hearing to August 19, 2013, at 1:00 p.m.

Respectfully submitted this 21st day of May, 2013.

/s/ William L. Taylor__________________

William L. Taylor, #21098

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728

RIDLEY, MCGREEVY & WINOCUR P.C.

303 16th Street, Suite 200

Denver, CO 80202

Telephone: (303) 629-9700

Fax: (303) 629-9702

E-Mail: wltaylorpc@gmail.com; 

taylor@ridleylaw.com; bagley@ridleylaw.com

Attorneys for John Phillip Gallegos

/s/ Linda Kaufman 

Linda Kaufman

/s/ Martha Paluch 

Martha Paluch

Assistant United States Attorneys

United States Attorney’s Office

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

(303) 454-0100

Attorneys for Government

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CERTIFICATE OF SERVICE

I hereby certify that on this 21st day of May, 2013, I served a true and correct copy of the 

foregoing JOINT MOTION TO CONTINUE SENTENCING HEARING SCHEDULED FOR MAY 

23, 2013, AT 9:00 A.M. via email addressed to all counsel/parties subscribed for service of 

CM/ECF filings in this matter, including:

Nicole D. Peterson

United States Probation Officer

1929 Stout Street, Suite C-120

Denver, CO 80294-0101

nicole_peterson@cod.uscourts.gov

/s/ Holli M. Baker

Holli M. Baker

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