sentencing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 10-CR-60259-DIMITROULEAS ________________________________________________ ) UNITED STATES OF AMERICA ) )

v. ) ) STEVEN HUMPHRIES. ) ) ) Defendant. ) ) ________________________________________________)

DEFENDANT STEVEN HUMPHRIES’

UNOPPOSED MOTION TO CONTINUE SENTENCING

Defendant, Steven Humphries, through the undersigned counsel, hereby files this

Unopposed Motion to continue sentencing. The Government has advised counsel they do

not oppose this motion. In support of this unopposed motion, Defendant states the

following;

1. On November 15, 2010, Defendant Humphries pled guilty to a one-count

Information charging him with conspiracy to commit securities fraud in violation of 18

U.S.C. section 371.

2. Since entering his plea, the Defendant has been fully compliant with all

conditions of his release including regularly reporting to probation in the Eastern District

of Texas where Defendant resides.

3. Defendant Humphries is currently scheduled to be sentenced before Your

Honor on January 24, 2011.

Case 0:10-cr-60259-WPD Document 33 Entered on FLSD Docket 01/19/2011 of 4

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4. Counsel is currently involved in trial preparation in a complex federal

insider trading case before the Honorable Adalberto Jordan (Case No. 09-CIV-21977).

This case is currently set for trial January 31, 2011.

5. The insider trading case requires extensive witness preparation which

counsel is currently in the process of conducting.

6. Moreover, given the serious nature of the instant case, counsel requires

additional time to meet and confer with Mr. Humphries, who is located in Dallas, Texas,

in order to adequately prepare an in-depth sentencing memorandum.

7. Further, the plea agreement in the instant case contains a cooperation

provision. Mr. Humphries, in consultation with counsel, is currently exploring other

information which may result in cooperation credit. Consequently, a brief continuance

will permit an opportunity for Mr. Humphries to fully put forth all efforts of complete

cooperation.

8. As such, counsel respectfully requests the Court permit a thirty (30) day

continuance of the scheduled sentencing date.

9. As stated above, the government does not oppose this motion.

WHEREFORE, Defendant Humphries respectfully requests that this Court grant

Defendant’s Unopposed Motion to continue his sentencing for thirty (30) days.

CERTIFICATE OF CONFERENCE (LOCAL RULE 88.9(a))

Under Local Rule 88.9(a), Christopher Bruno, Esq. hereby certifies that I have

conferred with Assistant United States Attorney Ryan Dwight O’Quinn, the lead

prosecutor in this case, and he has informed me that the Government has no objection to

this motion.


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Dated: January 19, 2011 Respectfully submitted,

_______/s/_______________

Gregg Jeffrey Breitbart Florida Bar No. 843415

GUSRAE, KAPLAN, BRUNO & NUSBAUM 2101 Northwest Corporate Boulevard Suite 218 Boca Raton, Florida 33431 Telephone: (561) 910-5650 Facsimile: (561) 910-5652

_______/s/_________________ Christopher Bruno Virginia Bar No. 47651 Bruno & Degenhardt, P.C. 10615 Judicial Drive, Suite 703 Fairfax, VA 22030 Telephone: (703) 352-8960 Facsimile: (703) 352-8930


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on Thursday, January 20, 2011, I electronically filed

the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the

foregoing is being served this day on all counsel of record listed in the Service List below

via transmission of Notices of Electronic Filing generated by CM/ECF or in some other

authorized manner for those counsel or parties who are not authorized to receive

electronically Notices of Electronic Filing.

__________/s/______________________ Gregg J. Breitbart, Esq.

Service List

Ryan Dwight O’Quinn Assistant United States Attorney United States Attorney’s Office Southern District of Florida 99 N.E. 4th Street, 4th Floor Miami, FL 33132 Tel: (305) 961-9145 Fax: (305) 530-6168

[email protected]


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