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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,

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To: Jeffrey S. Mitchell who wrote (92721)10/8/2005 9:09:15 PM
From: Lee Webb  Read Replies (2) of 122087
 
Jeff:

Thanks.

The question of why would not have occurred to me because I thought that the sentencing date had probably been rescheduled and thought I knew why.

On Sept. 20 Barry Berke requested a 60-day extension -- from Sept. 23 to Nov. 22 -- to file a sentencing memorandum on behalf of Anthony Elgindy. He also asked for two weeks from the date of the prosecution's sentencing submission to file a reply.

His reasons and arguments in support of the request seemed persuasive to me. Among other things, he noted that while the rules of procedure require that a defendant receive the presentence report (PSR) at least 35 days before sentencing, he had not received the 52-page report until Sept. 16.

He went on to argue that "the numerous and complex issues presented by the PSR" and "the enormous amount of work that must be done to fully and vigorously respond to the extraordinarily harsh and unexpected advisory Guidelines calculation" justified the requested extension.

My perhaps obvious question now is, who told you the specifics of the "why" are confidential?

Lee
lwebb@stockwatch.com
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